If you or a loved one is facing accusations of driving under the influence, there are ways to fight against a conviction. Learn how you could get your case dismissed by challenging the evidence against you and the method by which it was obtained. In the U.S., it is illegal to drive with a BAC (blood alcohol concentration or content) of 0.08% or above.
If you are pulled over for suspected drunk driving and arrested, the first step you should take is to contact a legal representative with experience in DUI law. They will be able to determine if any errors or illegal practices took place in your case. If they did, evidence against you may be thrown out of court or your case could be dismissed. The first way that you may be able to challenge your DUI charge is if you were stopped illegally. If you were stopped at a roadblock or checkpoint, police are allowed to stop you if they use a neutral policy for picking out who to stop. If you believe you were discriminated against, it could help your defense. You may also be pulled over for driving erratically. Swerving, braking, and speeding up and slowing down may all be indicators that someone is under the influence of alcohol.
After being pulled over for suspected drunk driving, the law enforcement officer may ask you to perform a field sobriety test. These are designed to test skills that would be impaired if the individual was under the influence of alcohol. However, there are other reasons why an individual may fail these tests and are therefore not 100% accurate. For example, if the police officer did not clearly explain the instructions, the driver may have misunderstood what they were supposed to do. If you were arrested for DUI based on the results of your walk and turn test, one legal stand test, or horizontal gaze nystagmus test, an attorney could help you challenge the evidence against you.
Breath tests are also not completely foolproof. A breathalyzer device analyzes the driver’s breath and measures the amount of alcohol in their blood stream. Although this is an overall accurate way to determine if someone has been drinking, there are certain circumstances that could lead to an error. For example, if the device was not properly calibrated, it could lead to an inaccurate reading. If it was not in proper working order or had not been properly maintained, the evidence will not hold up in court. Police officers are responsible for following certain instructions for calibration and any deviation could result in a dropped case. Do not wait to get the help you need if you were arrested for driving under the influence and see if you could get your charges dropped.
ABOUT THE AUTHOR: Brown Law Firm
The Brown Law Firm is a criminal defense and DUI defense law firm serving clients in Bloomington, Illinois and the surrounding areas. They are dedicated to providing you with strong legal defense regarding DUI, drug offenses, domestic battery, and more. They understand that not everyone who is accused of a crime is guilty and so fight tirelessly to protect the freedom of each of their clients. A Bloomington criminal defense lawyer from their team will investigate your case and seek to determine how to create the most strategic defense for you. Their main priority to get your case dismissed, which is reflected in their success record in court. To learn more about how their team of professionals could help you, contact a Bloomington criminal defense attorney from their firm. Time is crucial so call today!
If you are pulled over for suspected drunk driving and arrested, the first step you should take is to contact a legal representative with experience in DUI law. They will be able to determine if any errors or illegal practices took place in your case. If they did, evidence against you may be thrown out of court or your case could be dismissed. The first way that you may be able to challenge your DUI charge is if you were stopped illegally. If you were stopped at a roadblock or checkpoint, police are allowed to stop you if they use a neutral policy for picking out who to stop. If you believe you were discriminated against, it could help your defense. You may also be pulled over for driving erratically. Swerving, braking, and speeding up and slowing down may all be indicators that someone is under the influence of alcohol.
After being pulled over for suspected drunk driving, the law enforcement officer may ask you to perform a field sobriety test. These are designed to test skills that would be impaired if the individual was under the influence of alcohol. However, there are other reasons why an individual may fail these tests and are therefore not 100% accurate. For example, if the police officer did not clearly explain the instructions, the driver may have misunderstood what they were supposed to do. If you were arrested for DUI based on the results of your walk and turn test, one legal stand test, or horizontal gaze nystagmus test, an attorney could help you challenge the evidence against you.
Breath tests are also not completely foolproof. A breathalyzer device analyzes the driver’s breath and measures the amount of alcohol in their blood stream. Although this is an overall accurate way to determine if someone has been drinking, there are certain circumstances that could lead to an error. For example, if the device was not properly calibrated, it could lead to an inaccurate reading. If it was not in proper working order or had not been properly maintained, the evidence will not hold up in court. Police officers are responsible for following certain instructions for calibration and any deviation could result in a dropped case. Do not wait to get the help you need if you were arrested for driving under the influence and see if you could get your charges dropped.
ABOUT THE AUTHOR: Brown Law Firm
The Brown Law Firm is a criminal defense and DUI defense law firm serving clients in Bloomington, Illinois and the surrounding areas. They are dedicated to providing you with strong legal defense regarding DUI, drug offenses, domestic battery, and more. They understand that not everyone who is accused of a crime is guilty and so fight tirelessly to protect the freedom of each of their clients. A Bloomington criminal defense lawyer from their team will investigate your case and seek to determine how to create the most strategic defense for you. Their main priority to get your case dismissed, which is reflected in their success record in court. To learn more about how their team of professionals could help you, contact a Bloomington criminal defense attorney from their firm. Time is crucial so call today!
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