Jackson, MS- If you are facing routine or aggravated DUI in Mississippi, you probably already realize you are facing some dire consequences, some of which will plague for years to come. That is why you need legal representation and an effective defense. Our team of DUI lawyers in Mississippi will discuss three of the top three DUI defenses they might use in your case.
Challenging the initial traffic stop
Everyone appreciates that police keep potentially dangerous impaired drivers off of the road and the primary means they do this through traffic stops. Unfortunately, not every traffic stop is conducted to the letter of the law. Under the U.S. Constitution, every citizen is supposed to be protected from unreasonable searches and seizures which forbids police from pulling you over just to see if you are doing anything wrong. An officer must see you break a traffic or other law before they can stop you but that is sometimes forgotten or ignored.
Your DUI defense lawyer will first look at whether an officer was right to pull you over. They will question if an officer actually had probable cause to pull you over. Your attorney will make certain your rights were respected during the course of your stop and arrest. If your right were violated or police didn’t have probable cause your charges might be dismissed.
Questioning the validity of field sobriety tests
After you’ve been pulled over, police will use field sobriety tests to determine if you are impaired. If you perform poorly in these field sobriety tests, police can ask you to submit to a breathalyzer or chemical test and you can be arrested for DUI. Field sobriety tests however are not foolproof and some people are unjustly charged with a DUI based on the results. Medical conditions, back or leg injuries or other ailments or illness can lead to poor performance. Nervousness and/or anxiety can give an officer the impression you are intoxicated.
Challenging breathalyzer test results
If you performed poorly in field sobriety tests, the officer who stopped you will ask you to agree to a breathalyzer test or a blood test, You can refuse these tests but there are consequences which you should familiarize yourself with before your refuse.
Although, breathalyzers are considered scientifically accurate, but the machines are sensitive can give false readings. If the breathalyzer equipment is not regularly maintained or correctly calibrated, the readings can be inaccurate and a person can be wrongfully charged with a DUI. A DUI attorney from you are will be aware or will be capable of finding out if there are mechanical or software issues with the breathalyzer used in the jurisdiction where your arrest took place.
When are up against DUI charges, USAttorneys can help you locate a DUI lawyer in Mississippi who can work on your defense and give you a greater chance of avoiding a DUI conviction. Contact an DUI attorney today so they can begin working on your claim.