Your DUI Defense

By: Timothy McFarlin | Published: April 17th, 2010 | Category: Driving Under The Influence (DUI)

Getting pulled over by the police for a traffic stop can be stressful.  Getting pulled over by the police for suspicion of driving under the influence (DUI) can be frightening.  Your mind is likely to race and your heart is likely to pound, even if you have done nothing wrong.

Crafting a successful DUI defense requires knowledge of DUI arrest procedures.  The tests that are currently used to justify the arrest of a person suspected of DUI are not without their flaws.  Police officers are not usually trained in the science behind the various tests they administer, only the application of those tests.  It is this fact that has resulted in innocent people being arrested for suspicion of DUI.  The field sobriety tests that are used to determine whether a person has met the requirements to be arrested for suspicion of DUI are required to be performed in a certain way.  The slightest deviation from prescribed steps may be enough to create a false positive for the defendant.  This idea also applies to tests of breath, blood, or urine because certain rules have to be followed during the collection and analysis of a person’s breath or fluids. 

Since many people are not familiar with police procedure, it can be difficult to determine when they are getting the short end of the stick, so to speak.  As a society, we put our faith in the fact that the police know how to do their jobs, but police, like everybody else, are only human.  No human is free from making mistakes. 

An excellent way to ensure that your rights have not been infringed upon during your arrest is to hire an attorney trained in DUI defense.  DUI defense attorneys have access to resources that private citizens do not.  They have much easier access to police policy and procedure documents that others would be hard pressed to get their hands on before their trial.  DUI defense attorneys also know what questions to ask the arresting officer regarding their experience and the conditions on the road at the time of any tests performed.  All of these factors have the possibility of affecting a person’s case for the worse.  Just because a person swerves from yellow line to yellow line on a crowded highway, it does not make them guilty of DUI.  Just because a person can’t perform a test that will determine whether or not they spend the night in jail on the side of a busy highway full of distractions, it does not make them guilty of DUI.  

 Hiring a professional DUI defense attorney to look over the facts of your case and represent you at trial will help ensure that all of your rights remain intact from pre-arrest to the end of the trial.  In the event that chemical evidence exists against a defendant, an attorney may even be able to have charges reduced if not dismissed (depending on the existence of certain factors). 

Talk with a DUI defense attorney to determine the best course of action for your particular case.

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