Getting stopped or prosecuted for Driving Under the Influence could be dangerous for all the drivers present on the road. It could lead to an accident in some cases. Being charged with a DUI charge could affect one’s future. Additionally, DUI is a crime and one can face severe consequences for the same.
However, being charged with DUI does not mean your life has come to an end. A Galveston criminal defense lawyer can prepare a solid defense strategy that can either reduce your sentences and charges or totally eliminate the charges. There are a lot of possible defenses an attorney can display in front of the legal authorities.
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No Evidence of Drugs or Alcohol
It is one of the most common and understood defenses a victim could make based on lack of evidence. A jury could imply that the victim was under the influence of drugs or alcohol, but it could be possible that the victim was not driving.
A police officer can charge you under DUI arrest if the motor is running, the keys are in the ignition, or the vehicle is off the road. It means that the evidence to charge someone under DUI is invalid. To press charges against someone, the situation and complete circumstances should be considered.
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Improper Field Tests
Often, many police officers perform improper field sobriety tests that lead to DUI charges. Breathalyzers conclude these tests. Due to inaccuracy, sometimes, these sobriety tests could be invalid or unjustified. The breath analyzer has a 10% chance of showing inaccurate results.
A lawyer would defend you by stating that the sobriety tests were invalid and the readings were false to prove you are innocent. Always remember, a single test is not justified to determine the amount of alcohol present in your body.
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Unjustified reasons behind stopping you
Any driver cannot be stopped unless they have crossed the legal grounds of a traffic law. The driver could only be arrested when violating a law like driving about the speed limit. There should be a legal basis to stop a driver.
Any attorney would examine if there was legal articulation to stop you from charging under DUI. If there is no justified legal reason, your Galveston criminal defense lawyer will ensure that you are not charged.
It is within your Fourth Amendment right to obstruct any unreasonable searches against you. The authorities should provide evidence complies with the Fourth Amendment of the Constitution.
