Before You Give Into A DUI… Ask These Questions
You many think that being charged with a DUI is a final sentence and there's nothing you can do in your trial to get rid of the charge. However, there are often many weak points in a DUI charge, so if you're smart and use a great DUI lawyer, you may be able to poke a few holes in the case. Here are some questions to ask your lawyer to find the flaws in your sentencing officer's case.
Why Was I Stopped?
The first thing to consider is the reason for your initial stop. An officer can't stop you simply because he or she thinks you were drinking; they must show that you made a valid traffic violation before they stopped you and before they can test your blood alcohol level. Check to make sure there was a valid traffic violation, or your officer may have no case at all.
How Convincing Are the Tests?
There are a few tests that the officer may have used in order to proclaim that you were drinking. For instance, the breathalyzer test is one scientific example to prove your blood contained a high Blood Alcohol Content (BAC). But sometimes these tests can fail, so if your BAC was right near the line you might be able to argue against this test. Then, the court may turn to other markets of your behavior. You can sometimes argue that sloppy driving and behavior was due to another cause, such as being on medication or being exhausted. If there was no third party present, you might be able to deny these behaviors altogether. Or, your DUI attorney may wish to find other ways to explain your behavior that day.
Was I Treated Fairly?
Even in the event that you were driving under the influence, there is a specific process that an officer must follow in order to fairly handle this claim. If you think that you weren't given fair rights, then you may use this as a defense in your court trial. Things like racial profiling or unnecessary force can greatly affect the penalties administered for your offense.
The questions above can help you to identify some of the weakest links in your DUI sentencing. With your criminal lawyer's help, you might be able to pull together enough evidence to throw your sentence into question and get a lighter penalty or possibly be released from the charge altogether. If you'd like more information or need to speak with a DUI attorney, contact Jack Weatherill Law Offices.