Challenging Your DUI Arrest

After a DUI arrest, especially if you took a breath test that revealed an over the limit blood alcohol content, you may feel that your case is hopeless and that you should just plead guilty. However, it is important to consult with a DUI lawyer to discuss your case before making any decisions. There may be other legal aspects of your DUI arrest that can be challenged.

The United States Constitution and most state constitutions require arrests to be based on probable cause and protect against unreasonable search and seizures. If your DUI arrest was not based on probable cause, your DUI lawyer may be able to fight the charges against you on this ground alone.

Police officers are not permitted to randomly stop vehicles, unless the stop is part of an organized DUI checkpoint. Drivers who are pulled over because of their race or ethnicity or other suspicious reason may have valid grounds to challenge the legality of the stop and DUI arrest.

Mistakes are often made during DUI arrests. If the police question you without reading you the Miranda warning, your DUI lawyer may move to have evidence or the entire case dismissed. In some cases, your DUI lawyer may challenge the history and credibility of the arresting officer as part of your defense.

State DUI laws vary, and in some jurisdictions the law requires DUI suspects to submit to a breath test or provide a blood sample to determine blood alcohol content (BAC). Refusal of a breath test generally results in penalties, including the loss of driving privileges. Some law enforcement agencies now hold "no refusal" events, during which any DUI suspect who refuses to take a breath test is legally forced to give a blood sample.

Even if the BAC results of a breath or blood sample are over the legal limit, your DUI lawyer may challenge:

• The results of the test the testing procedure
• The collection, handling and storage of the sample
• The manner in which other tests were conducted
• The arresting officer's actions
• The cause for the traffic stop

Many DUI lawyers utilize expert witnesses at trial to testify for the defense in DUI cases and refute the BAC evidence.

If you have been arrested for DUI, it is crucial to discuss your case with a DUI lawyer. While you may think the prosecution has a slam-dunk case against you, your lawyer has experience in this area and may feel otherwise.

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