If you are arrested for the crime of driving a vehicle under the influence of intoxicating liquor or drugs, you will face a severe offense. You may face fines, lose your driving license, and jail time. Even though suspects can defend DUI cases, the tasks can be daunting. A New Westminster criminal lawyer can help you identify the issues in your case.
The following is the list of some common defenses a lawyer can use for a DUI charge and give you an idea about how scientific and legal issues make up the basis of types of DUI defenses.
Common defenses a lawyer can use for DUI charge.
Inaccurate breathing alcohol test
Breathing tests are known as breathalyzers. The test will determine the particles of breathing alcohol from your lungs and measure your blood alcohol level. This indirect measurement can also result in inaccurate reading as a single test cannot determine the alcohol level in your body.
Not allowing contacting their lawyer during the investigation.
Everyone has the right to consult their lawyer during any criminal investigation. The rule is necessary because the time given in framing the DUI investigation is critical in making any decision on the spot. Denial of that right may lead to the dismissal of the case.
In Houston, the suspect involved DUI investigation has the right to consult with their lawyer before or after being arrested. Any evidence found following the violation of the suspect’s right will be suppressed, and often charges are dismissed when the state interferes with the defendant’s inability to consult with their attorney or counsel.
Stopping the person or vehicle illegally.
Unless a driver has an articulable and reasonable basis to believe that a traffic law has been violated, the officer cannot stop them.
In every criminal case, the state has to prove that every piece of evidence was obtained lawfully in compliance with the Fourth Amendment of the United States Constitution. An officer cannot simply stop a vehicle just by guessing. Similarly, it is not a crime to drive a car or leave a bar late at night.
No evidence of being in actual physical control or driving a vehicle
People have a firm policy that dictates that if the driver of a motor vehicle realizes that they are a danger to the public should get off the roadway. Similarly, if someone is impaired or not in a position to drive a vehicle should not be held accountable for DUI.