Your life doesn’t end when you get arrested for DUI, even though it might seem like it. You will face severe consequences if you drive after intoxication. These include harsh fines, incarceration, community service, and license suspension. However, you are also entitled to a trial. During this trial, you or your DUI Lawyer In Tempe, AZ may raise one or more defenses. This may help you escape punishment or clear your name. When addressing the prosecution’s case, your attorney may make use of one or more of these defenses.
Dispute the Traffic Stop
First, the legality of the traffic stop is considered. Anything that transpires following a traffic stop that the officer did not perform legally or appropriately may not be admitted. Without this proof, the DUI accusation is without merit. The claim that the police officer lacked reasonable suspicion or probable cause to perform the traffic stop is a common one in this defense.
The claim that the law enforcement official obtained the evidence illegally is another frequent defense. When they conduct an improper search and seizure, this occurs. If so, the evidence that was collected unlawfully cannot be used against you by the prosecutor during your trial. Without the accompanying evidence, it will be harder for them to get a DUI conviction.
Reiff outlines the operation and how it affects your right to drive. Each state ensures due process. This means that if they suspend your ability to drive, they must give you some sort of due process so that you can challenge the legitimacy of the suspension, even if driving is a privilege rather than a right.
Examining Field Sobriety Tests (FSTs) with doubt
Field sobriety tests are a popular technique for estimating an individual’s state of drunkenness. The motorist is subjected to these physical examinations by the officer. Examples include counting while standing on one leg, following a straight path, turning around, and returning, as well as testing one’s vision horizontally. The officer will go over the test with the candidate and expect flawless performance.
This test has several possible issues. It is not a direct blood alcohol content (BAC) tester. The tests don’t take into consideration the differences in physical abilities across people. The field test results are likewise very subjective, as they depend on the officer’s assessment of your performance.
Even when sober, many people find it difficult to follow instructions or finish jobs. They are therefore untrustworthy in determining BAC levels.
Issues Examining Blood and Breathalyzer Test Results
Chemical testing is a common method of obtaining evidence against a person who is charged with DUI. The level of alcohol in the person’s blood will be determined via a blood test.
Your DUI defense attorney will request the maintenance logs and records of the equipment used to administer these tests if you complete one or both of them.
Inaccurate Testing Equipment
Maintaining the accuracy of testing equipment requires regular recalibration. The accuracy of the results produced by an inaccurately calibrated blood alcohol content device could cast doubt on the validity of the prosecution’s evidence utilized against you. Even though malfunctioning equipment by itself might not clear you of all charges or establish your innocence, it might be a strong defense tactic in your favor.
Inaccurate test results
The officer operating the machine correctly is crucial to obtaining accurate findings, even with a well-calibrated system. The outcomes can be questioned if they weren’t trained appropriately. Your guilt must be shown beyond a reasonable doubt by the prosecutor. Inappropriate operations could therefore give rise to enough suspicion for a strong defense.
Chemical testing can be complicated by medical conditions and other factors.
There are individual variances; medical issues can affect one’s capacity to drive, how well one performs on sobriety tests, and the outcomes of chemical testing. Even in the absence of alcohol consumption, a BAC above the permissible limit can be recorded.
Breathalyzer readings can be impacted by specific drugs or medical conditions, such as acid reflux. Diabetes, the ketogenic diet, and certain drugs can all affect how alcohol is metabolized, which could result in delayed blood alcohol content. This implies that the results of a chemical test might not be a reliable indicator of your true blood alcohol content when operating a vehicle.
Hire an experienced criminal defense lawyer.
DUI laws are in place to stop drunk drivers. DUI defense lawyers are dedicated to defending their clients’ legal and constitutional rights, lessening the negative effects of a DUI arrest, and securing the best possible result for their cases. These solicitors employ a range of defense tactics to secure the best outcome for their clients. A skilled DUI attorney can assess the specifics of your case and devise the most effective defense to aim for a favorable result.
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