When you are arrested for a DUI (driving under the influence), you need an experienced attorney on your side. The consequences of a DUI charge can be severe, and an effective attorney can help you fight the charges and avoid jail time, fines, and suspension of your driver’s license.
1. Physical & Mental Impairedness
A common defense to a DUI charge is that you were not actually under the influence, but simply had a medical condition that made you appear intoxicated. This can be especially helpful if you were only physically impaired, not mentally.
2. Breath Alcohol Tests & Blood Drug Tests
Another way to fight a DUI charge is by arguing that the breath and blood tests were not administered correctly. There are strict protocols when it comes to administering these tests, and if these are not followed, the results may be inadmissible.
3. Police Misconduct & Probable Cause
A competent DUI lawyer can use his or her knowledge of police procedures to challenge the evidence and facts underlying your arrest. This drunk drivingdefence lawyer includes requesting a copy of the police report from your arrest, writing down everything you remember about your case, and comparing your notes to the officer’s.
4. Mistakes of Fact, Entrapment & Involuntary Intoxication
A skilled DUI lawyer can also seek to dismiss the case or have it reduced if he can prove that you were not intoxicated at the time of your arrest. This can be done by proving that you were not under the influence or that the police did not have sufficient probable cause to stop your vehicle, or that the officers violated your constitutional rights during your arrest.
5. Defendant’s Prior Convictions and/or Rehab Schedules
If you are a first-time DUI offender, you can be eligible for treatment diversion programs. Your attorney can also negotiate for a lesser sentence and/or lessened penalties, such as probation.
6. DUI Toxicology & Field Sobriety Testing
The detection, identification, and measurement of alcohol and drugs is an extremely specialized and highly scientific area. A skilled defense attorney must have extensive knowledge of these fields and be familiar with the laws regarding drug and alcohol detection, sobriety testing, forensic laboratory protocols, accident reconstruction, expert testimony, and evidentiary rules.
Fortunately, the National College for DUI Defense (NCDD) provides a comprehensive library of resources that can provide these important legal tools. This specialized library is an excellent resource for any defense lawyer who wants to defend a DUI client in court.
These resources include articles on alcohol, drugs, and the physiology of intoxication, toxicology, drug testing protocols and procedures, field sobriety test protocol and procedure, and much more. These articles will be useful in evaluating your case and providing an effective defense against the prosecution.
If you have been accused of a DUI, it is crucial that you seek legal representation to ensure your future and freedom are protected. The attorneys at Fienman Defense are experienced in defending clients against the charges of driving under the influence and have the resources to protect your rights, and your future.