A first-time arrest for driving under the influence, or DUI, is classed as a misdemeanor in every state. Although it is only a misdemeanor, it can still have a negative impact on your life. For instance, securing a job that requires driving might be difficult due to the charge. If you are faced with a DUI, here are some possible ways you and your mayor's court attorney can fight it.
Challenge the Field Sobriety Test
After your vehicle is stopped, a police officer will usually conduct a field sobriety test to assess whether or not you are intoxicated. The test is not 100 percent accurate, but it has been used by police to determine whether or not a person should be arrested and taken for blood alcohol content testing.
As part of your defense, your attorney can choose to start by challenging the field sobriety test. There are dozens of reasons that a person can perform badly on the test, and you can argue one of those. For instance, you could claim that the road was uneven or your footwear was inadequate. As a result of those conditions, you were unable to walk a straight line or follow other commands.
Oppose the Use of the Blood Alcohol Content Testing
Regardless of the results of the blood alcohol content testing that was conducted on you, there is a chance that you can keep the results from being used against you. For instance, you can challenge how the chain of command was handled for your sample. If the prosecutor is unable to establish who had charge of your sample at all times, your attorney could argue there is no guarantee it is not tainted.
You could also challenge whether or not other factors were taking into account when taking your sample. Your blood alcohol content level can be impacted by several factors, including the rising blood alcohol levels.
Your blood alcohol level is not fully realized in the minutes after you drink. Your body needs time to absorb the alcohol. If a police officer stopped you shortly after you were drinking, by the time he or she took you to have your blood alcohol content tested, your body had absorbed more alcohol. As a result, the testing amount will be higher than what it was when you were driving.
Your mayor's court attorney can help you find other ways to challenge and opposed the evidence that the prosecutor has in your case. Consult with an attorney as soon as possible for the best results.Share