How to Fight a DUI in Court

DUI laws tend to be strict and the consequences can be harsh. This does not mean that individuals who are accused of violating these laws need to act defenseless. Actually, the threat of consequences such as jail time and driver’s license suspension should motivate individuals to try to beat the charges. Below is information regarding just that—measures on how to fight a DUI.

Argue The Legality Of Your Arrest

Police officers are bound by regulations just as citizens are. An officer of the law is not allowed to break the law to prove that a person has committed a crime. This, however, does not prevent some police officers from attempting to do so.

Illegal arrests can result from illegal traffic stops. A police officer should not pull a driver over unless he has reason to suspect that the law has been broken. People cannot be stopped because individuals of their sex or race tend to drive under the influence. Nor can a person be stopped because an officer just wants to conduct random checks.

Officers must justify not only the reason that they pulled over a particular driver, but they must also justify what events during that stop led to suspicion of a DUI.  If an officer cannot provide adequate justification, an individual’s arrest may be deemed improper and the case may be dismissed.

Question The Test Results

In most DUI cases, the prosecution will aim for an easy conviction by relying on test results. Regardless of whether they are breath, blood, or field sobriety tests, there are procedures that must be followed. This results in regulations of who is qualified to administer tests, which materials may be used for testing, and what a person must be informed of when testing is requested. When law enforcement fail to adhere to the regulations, test results are usually inadmissible.

Get A Lawyer

One of the most essential elements in fighting a DUI is having a competent defense. This normally requires a level of knowledge and skill that is only possessed by legal professionals. Lawyers can often easily identify weaknesses in a prosecution’s case. These include insufficient evidence and failure of law enforcement to adhere to procedure.

As such, it is important for individuals to recognize the value of having an experienced attorney by their side throughout the process. Legal representation is often the factor that determines whether or not a person will be convicted.