When a driver fails a sobriety or breathalyzer test, they are typically arrested and charged with DUI. However, DUI driving accident attorneys in Laredo may use certain defenses to invalidate charges and, possibly, get them dismissed. Below are the most common defenses in DUI cases.
Not Enough Evidence to Make an Arrest
An arresting officer’s observations usually determine whether an arrest is made. For instance, slurred speech and bloodshot eyes can indicate DUI, but personal opinions are debatable in court. For instance, bloodshot eyes can simply show that a person has allergies or has not had enough sleep, and the lawyer can argue that the police officer’s assumptions were unreasonable.
Being Arrested While Not Driving
This defense is used when a person is apprehended while getting into a car, while stopped on the roadside, or after arriving home. Most jurisdictions allow officers to make a DUI arrest without seeing the person driving while intoxicated, but some require prosecutors to prove that the person was driving at the time of apprehension.
Illegal Stops and Procedures
Police officers must have probable cause to pull someone over. Otherwise, the charges may be dismissed due to an illegal stop. However, if an officer pulls someone over for another violation, they do not require probable cause to ask if the person has been drinking. Furthermore, anyone can be questioned at a sobriety checkpoint. Not receiving the Miranda warning may or may not invalidate subsequent DUI testing.
Rising BAC
A person can be found guilty of DUI if their BAC is above the legal limit as they’re driving, not when the sobriety tests are administered. It takes time for the system to metabolize alcohol, and this defense is more likely to work if a significant time elapsed between the stop and the test.
Should a Defendant Call an Attorney?
Even if a person doesn’t believe any of the above defenses will work, they should still call DUI driving accident attorneys in Laredo. Other defenses may be available depending on the situation, and a DUI attorney with Martinezlaw.com may be able to use them to get charges reduced or dismissed.
