Most DUI cases begin with a traffic control exercised by a police officer. Legally, the police require reasonable suspicion of a crime to stop a car on the road, but in practice, this standard is more or less easily satisfied; suffice you’re driving too fast. After contacting the rider, the officer will be watching for indicia’s of intoxication, as well as speaking of blurred shape, have red eyes or other typical samples. If you find something enough to raise suspicion, usually begin an investigation of DUI.
It is important to remember that in contrast to other offenses, an arrest because of DUI can be somewhat subjective and based on the interpretation of research presiding officer. Indications as discussed above may involve drunkenness itself, but could also be demonstrations of various medical conditions, food consumed, and other environmental elements such causes. Therefore, you may misunderstand the official driver behavior and reach wrong. If this happens, it will be necessary to prove that the defendant was not intoxicated while operating your vehicle.
In assuming the defendant’s case, a defense lawyer DUI might want to check the exact circumstances of the arrest of his client and establish how the investigation was progressed. If you arrive at weakening of the prosecution case, you could negotiate for reduced charges or to take the case to be dismissed entirely.
How can you help a defense lawyer?
The laws surrounding DUI cases can be somewhat complex. There is no fixed sentence designated for DUI; judges and prosecutors are authorized to use its discretion in determining a proper sentence. Given this, it is possible to introduce considerations outside their immediate observation that might persuade them to pursue a lighter sentence. For example, if someone was arrested for DUI two hours after the death of a family that could well influence the accusation being that the probability of recidivism seem rather low for that case.
Also, as previously mentioned, medical and environmental conditions may bias the results of breath tests and possibly cause an incorrect attribution. If someone is unable to exercise certain physical movements, could fail a sobriety test and thus end charged with DUI. Similarly, breathalyzers commonly used by police officers in the field may overestimate blood alcohol level for similar reasons, or even if you’ve recently spent some brands of mouthwash.
In all these cases, a DUI defense lawyer maybe need to review the circumstances of the case and see if there are alternative explanations for the behavior of his client. It is also possible during this process to find evidence to prove fault with the official conduct or inconsistencies in his narrative. If this happens, the prosecutor may have no choice but to dismiss the case on procedural cause.