Even if someone is stopped and arrested for Driving While Impaired in New Iberia LA, certain defenses can be used to fight against these charges. These defenses can pertain to challenging the reasons for the stop, questioning the arrest itself, challenging the state’s evidence, and casting doubt on the results of BAC and field sobriety testing. These defenses are explained in detail below.
Fighting the Stop
A law enforcement officer must have probable cause to pull someone over. If the officer had no reason to make the stop, or did not actually see the person driving, an attorney can challenge the stop and fight to have evidence thrown out of court.
Challenging Probable Cause
Before an officer can make an arrest, he or she must have a basis for the conclusion that the driver was operating the vehicle under the influence of drugs or alcohol. Police use a range of factors to make this determination, but the officer must identify the basis upon which they established probable cause.
Contesting Field Sobriety and Chemical Testing
There are numerous reasons to challenge these test results. Machines can fail, tests can be improperly administered, operators can be unskilled, and a variety of other factors can occur, all of which can provide false test results. A lawyer can fight the results based on the officer’s training, as well as the tests’ subjective nature.
Fighting Felony Charges for Subsequent Offenses
Because felony DUI charges carry serious penalties, it is very important to fight them wherever and whenever possible. A prosecutor must establish, beyond reasonable doubt, that the defendant has prior convictions. A defense lawyer may be able to block the introduction of these prior convictions in a subsequent case for Driving While Impaired in New Iberia LA.
Driving under the influence of drugs or alcohol is a serious offense, and it can have lifelong effects for everyone involved, from the driver to other motorists. However, just like other criminal offenses, certain defenses can be used to reduce or eliminate charges. A local DWI defense lawyer can provide the advice and courtroom representation a defendant needs to avoid conviction. Visit chrisrichardattorney.com today to learn how the firm can reduce the effects of a DWI charge.
