3 Arguments Criminal Defense Lawyers Use To Help DUI Victims Win Their Cases

Being arrested and charged with a DUI can confuse and stress you. However, if it's determined that your BAC is above the legal limit, you shouldn't lose hope. Like other machines, the gadgets used to perform these tests may malfunction and produce erroneous results. A criminal defense lawyer can use this information to create doubt in the mind of the judges and get your case dismissed. Here are three arguments they'll use to help you win your claim:

Illegal Traffic Stops 

Police officers aren't required to pull over drivers unless they have a valid reason. Besides, a drunk driving suspicion may not be reason enough to stop you. You must have committed other offenses such as violating speed rules, running red lights, or breaking tail lights. If a law enforcement agent took a test on you without probable cause, a lawyer can defend you against them. They'll find out if your eyes were glassy or if you had an open bottle in the car. If this proof isn't outlined in the police report, they'll use this loophole to knock down your case.

Punching Holes on the Accuracy of the Test Results

Police officers usually use breathalyzers to determine if drivers are intoxicated. However, the results produced by these gadgets may be unreliable and could be affected by several things, including wrong calibration, improper maintenance, wrong administration, and various biological factors. A lawyer can cast doubt on these results by criticizing the timing of the test, training of the test administrator, and equipment maintenance. They can also argue that the officer didn't follow the correct procedure while administering the test. If that still isn't enough to get you off the hook, they may claim that biological factors such as your breathing pattern, diet, or acid reflux, could have affected the reading. 

Radio Frequency Interference

Electronic gadgets emitting radio frequencies like cellphones, walkie-talkies, and radios may cause an error in a BAC result. Breathalyzers are designed with spit traps, mouthpieces, and heated tubes with frequency interference sensors. If your examination was done while the officers were making a call or near other electronic devices, the results may be unnecessarily high. A lawyer can investigate the gadget used to examine your breath and determine if its components were replaced before the examination. They'll also interview witnesses to find out if the police officers were using their cellphones during the process. Using the information they've acquired, they'll cast doubts on the accuracy of the exam and get your charges minimized. 

If you're charged for operating a vehicle while intoxicated, contact a criminal defense lawyer. These lawyers will use all the arguments relevant to your case to defend your rights and save you from spending time behind bars. 


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