Driving Under Influence (DUI) is a common offense in the United States. If you are arrested under DUI, you should consider it a serious violation and contact a lawyer to handle the situation. There are several scenarios of DUI, and each one has to be dealt with differently. When you hire an attorney like Scottsdale DUI lawyer, he can present certain strategies of representing you in court. This article will discuss the 5 common scenarios when it comes to DUI.
Suspect Not Allowed to Talk to his Attorney
If it comes to arrests, the accused has the right to get in touch with his attorney. Any legal step should be taken in front of the attorney. When it comes to DUI, the timing is critical. If the attorney doesn’t come on time, there can be legal repercussions later.
Inaccurate Breath Control
A breath control test is used to check the alcohol level in the breath. The air vapors in the breath can be used to estimate the alcohol levels. This is the most accurate and quick way to check the alcohol level in the blood. One way to defend a DUI in the court is to present the breath control to be inaccurate and the blood alcohol level incorrectly detected. A complete toxicology report will be generated from a forensic lab to present as an appropriate defense in court.
Another way to defend a DUI in court is by proving that the person was illegally stopped. A police officer should have a reasonable reason to stop a person. If a police officer stops you, you must stop, but if they have no reason to stop you, they can’t exercise force on you. If you are presented in the court for DUI, you have to prove that the police officer illegally stopped you. You are not committing a crime if you are leaving a bar and driving or if you are driving late at night. A police officer is also not allowed to stop a car over a hunch or guess; this can be challenged in court.
Field Sobriety Test Inaccurate
There are several field sobriety tests that the police officer can conduct. The finger to the nose or walking in a straight line are the two most commonly practiced ones. Unfortunately, each police station has a different set of tests, and they are not standardized. Nevertheless, if you don’t have a history of bad driving or if the officer is not qualified, you have a chance of defending your case.
No Evidence of Suspected Driving
If a driver is under the influence but is not found driving and just sitting in a parked car, he is not guilty of the crime. Likewise, if there are no witnesses who have seen the person driving under the influence, then there is no case at all.
These are the most common DUI case scenarios and ways through which these can be easily fought. However, DUI cases can be complex, and an experienced attorney will distinguish between winning and losing the case.
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