St. George, UT- A DUI as you have probably already guessed will impact your life in a number of ways even though it is generally a misdemeanor charge. Not only will you face legal consequences, but DUI may affect your job and your future, so you need to know that you can challenge your DUI charge and avoid some of the more dire consequences of the drinking and driving.
The first step in launching a successful challenge of your DUI charges is to get the advice of a DUI lawyer in St. George. You need someone in your side who understands what makes a successful DUI defense lawyer and will champion for your rights. A strong defense will allow you to avoid conviction, and if that isn’t possible, it will at least give you the leverage you need to secure a plea bargain for lesser charges or have your penalties reduced.
Each Utah DUI case is different and the most effective defense really depends on the circumstances of each case. Your attorney will examine all the facts of your case and help decide which strategy will ensure the best outcome for your case.
One effective challenge may to question the officer’s arrest. The U.S. Constitution prohibits police from pulling someone over just to find out if they are breaking the law. So your legal counsel will question the following about your arrest: Did police have the probable cause necessary to pull you over in the first place? Did you actually violate traffic laws? Or, were you endangering the public and driving recklessly?
Another effective challenge is to question whether or not you were actually intoxicated when you were pulled over. People can be wrongfully arrested for many reasons; it happens all the time. There are certain medical conditions, such diabetes, which can make a person appear to be intoxicated when in fact they aren’t and some conditions can even register positive results on a breathalyzer tests.
If you are suspected for drunk or drugged driving, police will ask you to participate in field sobriety tests which asses your coordination, balance and cognition. During field sobriety tests, police will also look for involuntary physical cues of intoxication.
While field sobriety tests are considered relatively accurate, there is room for error. According to the National Highway Traffic Safety Administration, there are factors that can affect your performance on those tests. Some of those factors include: obesity, age; prior back, leg, or ankle injuries; along with chronic health conditions, such as diabetes or a brain injury. Each can affect your coordination, causing your to perform poorly during these tests.
Even breathalyzers can be inaccurate for people with certain medical conditions. These machines can also give false results if they aren’t regularly calibrated or administered properly.
If you want to challenge your DUI charges in Utah or believe you were wrongfully arrested, allow USAttorneys to connect you with a DUI lawyer near your location. If you are in St. George, we recommend attorney David Altman to work on your defense and give you hope of avoiding a DUI conviction.