What loopholes are there in a DUI charge?

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Question:

What loopholes are there in a DUI charge?

Answer:

The loopholes relevant to dropping a DUI charge are found in the case-specific elements of each arrest, and later, in the evidence presented by the prosecution as grounds for filing criminal charges. For this reason, having legal counsel looking into the individual and highly specific elements of your DUI case is essential. Without the working knowledge of a DUI lawyer, in light of all the evidence and events surrounding your DUI arrest, any attempt to dismiss a DUI charge will most likely prove fruitless.

The following list some of the more notable methods of contesting a DUI charge. These methods are best if employed by a DUI lawyer, in light of case-specific evidence and elements supporting the arguments.

  • The first area to look when seeking a legal loophole will be in the cause for pulling over a driver to initiate a traffic stop in the first place. Without probable cause to initiate a traffic stop, the legality of any further evidence obtained can be questioned.
  • Moving forward in the traffic stop process, questioning the probable cause and motives of law enforcement when making further questions to a driver, requesting field sobriety tests, or other requests made that ultimately incriminate a driver can be questioned.
  • The accuracy and legitimacy of the results of field sobriety testing; including breathalyzer results, as well as any blood draws or other chemical tests can be questioned for accuracy as well.

In practice, the only viable method of contesting a DUI charge based on legal loopholes will be through the advice and representation of a criminal defense lawyer.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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