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When You Get A DUI You Need A Lawyer

If you have been arrested for and arraigned with driving under the influence, you might be concerned about the final result of your case. Maybe you did not successfully pass the breath analyzer test. You might think that this proof guarantees that you will be found guilty if you head to trial, but it doesn’t have to be the situation. There are many arguments a DUI lawyer can make to get the evidence excluded or at least make it look less convincing.

Your attorney can express that the results of the breath analyzer test were inaccurate due to a condition you already possess. A breathalyzer exam determines alcohol concentration in your breath, yet this exam isn’t always flawless. There are components it can’t remove, bringing about a positive result. Diabetes mellitus, a diet ailment known as ketosis, and acid reflux disease can all alter the outcomes of a breath analyzer test and render it imprecise.

Your lawyer could also argue that the police officer who administered a breath analyzer did not comply with protocol. States and even police departments adhere to different protocols. Some typical examples of proper protocol include patiently waiting to execute the breath analyzer test to ensure that residual alcohol doesn’t alter the outcomes or keeping the location in which the test is administered clear of radio frequency disturbance. Even a cellular phone could cause radio frequency interference and render the results of a breathalyzer test undependable.

A relevant argument that a DUI lawyer can make is that the police officer didn’t have probable cause to stop the offender to start with. The United States Supreme Court case law only permits law enforcement officials to halt a motor vehicle when there is probable cause. This means that any sensible individual would be convinced that the individual driving or the passengers are breaking legislation. If there was no probable cause to halt the motor vehicle, any kind of proof extracted from that stop would be inadmissible. The results of the breath test are involved in these proofs. If the attorney can persuade the judge there wasn’t any probable cause, the outcomes of the examination won’t be used in trial.

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