3 Ways A Lawyer Can Defend You When Accused With A DUI
Were you given a DUI that you feel is unfair and you're not sure what to do about it? You may want to hire a lawyer that can help defend you in court so that you can be found not guilty. Here are some defenses that a lawyer might use to help clear your name.
Your Arrest Wasn't Justified
You may not be aware that it is against the law for a police officer to pull someone over without probable cause. This means that the person driving a vehicle must have been doing something to justify the stop, such as breaking a law. A police officer cannot just randomly pull people over and try to find something they are doing that is illegal to give them a ticket.
A common problem that people run into in some towns is when a police officer may follow somebody out of a bar or restaurant. They'll pull the person over with the intent of giving them a DUI, even though they were not breaking any laws to justify the traffic stop.
Your Field Sobriety Test Was Not Administered Properly
There are many ways that an officer can justify giving someone a ticket for a DUI. While a breathalyzer is one way to show what someone's blood alcohol level is at the time of a stop, some police officers prefer to use a field sobriety test instead. This is a series of tests that are graded with certain criteria to determine if you are under the influence of alcohol.
The problem with a field sobriety test is that it must be administered properly for it to be legal. This includes giving someone the proper direction on how to perform the test, as well as having them perform the test in an environment where they can pass it. For example, if a police officer is administering a test where someone has to walk in a straight line, they should not give the test on an uneven surface where someone is likely to fail if they are completely sober.
Your Miranda Rights Were Violated
It is also important that a police officer tell you your Miranda rights at the time of being arrested. If they do not do this, then it's possible for any evidence collected after your arrest to be thrown out in court. For example, you may have made a statement that was used against you, or taken a test and did not know that you could decline it.
For more information, contact a company like Tri Cities Law Group.