Are you facing your very first DUI charge? You probably have no idea what steps you need to take or even how the courts work. This arrest likely has you feeling a sense of panic. The thought of the consequences and penalties of a DUI has your mind whirling. You very well could lose your license and end up with a criminal record. And, to be honest, these fears are not unfounded. DUI convictions are serious and can have long-term effects on your social, family, and professional life.
Thankfully, it is possible to beat your first DUI charge. With a leading West Michigan legal team known for success in beating DUI’s, your chances are even more significant. Working with John Engman & Associates can help your chances of beating your first DUI charge.
10 Strategies we will look into
Call us today, and we will review your case and the top strategies we will look into.
- Was the stop legal? If you haven’t broken any traffic laws, the traffic cops cannot order you to pull over. It is illegal to stop a driver without a good reason and inspect their vehicle without a warrant. If you can show that the stop was not reasonable or rational, the charges will get dismissed. For instance, you could argue that the cop accused you solely because of the color of your skin or because of your gender.
- Field Tests can be Unreliable. It is common for roadside police to have people perform sobriety tests if they suspect that driver is drunk or intoxicated. They use these sobriety tests to check someone’s balance, focus, as well as reaction timing. In reality, people will perform these tests poorly due to feeling overwhelmed, clumsy, tired, or being overweight.
- Breathalyzer Results can be False. Unfortunately, it is not uncommon for breathalyzer results to not be accurate. It is often not calibrated correctly or can malfunction because of a lack of proper maintenance or knowledge on how to use it properly. Plus, the machine measures the alcohol content in your breath and not your BAC levels. Therefore, the results are not entirely accurate in determining how intoxicated you are.
- Constitutional Right Opposition. Police are required to follow a specific set of rules before arresting you. Even if it was a legitimate stop, your case could get dismissed for other reasons. For example, you were not read your Miranda Rights while being arrested. Or did you give a confession before you could obtain a lawyer?
- Law Enforcement Misconduct. If you got abused or the police used violent measures to get a confession out of you, your case will get dismissed. Those police officers responsible will get prosecuted.
- Medical Symptoms and Reasons. If you are unsteady, have slurred speech, or have red, irritated eyes, it could be due to medical conditions and not intoxication. For example, it could be that prescription drugs such as allergy medications causing your symptoms.
- Impaired Driving Justification. Were you driving recklessly due to an emergency? In cases like that, there is a reasonable explanation for the way you were driving, and the courts can dismiss your case.
- Questioning their Suspicion. If there is no evidence for the prosecutor to incriminate you, you might beat the charges by challenging their charges. For example, they may not have valid test results; perhaps the police were negligent in collecting them, or you simply refused to take them. Even if you did refuse the test, a good lawyer could still defend you, stating that you had no idea of the consequences.
- Blood Test Problems. In most cases, blood tests are the best way to measure BAC levels; however, they can still be incorrect at times. It is possible to contest a blood test by stating it was not stored correctly or procured correctly before heading to the lab.
- Result of involuntarily being intoxicated. If you got drugged without your consent, you should not be held responsible for your actions. For example, did your drink gets spiked, or were you given a drug without your knowledge?
If you found this information helpful, you might want to check out maintaining a drug house Grand Rapids defense attorney.