Lubbock, TX- Getting arrested and charged with DUI is serious and can numerous negative effects on a person’s present and future. A DUI conviction can result in a jail time, suspension of a driver’s license, and cost thousands of dollars,
An individual who decides they want to challenge a DUI in order to avoid a conviction will have numerous questions, but the most important should be: “What defense strategies can by Lubbock DUI attorney use to help me prevent a conviction?”
Accomplished DUI attorneys have a number of possible defenses they can present to the court, such as questioning whether and officer had reasonable suspicion to stop or arrest a person. Police often determine a person is intoxicated by observing them while driving so there is room for error. Sometimes people make erratic or risky traffic maneuvers without being under the influence of drugs or alcohol.
Before an officer pulls an individual over, they have must have the reasonable suspicion that a crime is being committed; for instance is the driver committing a traffic violation, or is their driving putting themselves or others at risk? The U.S. Constitution forbids police from stopping a motorist solely for investigatory purposes, so an attorney will first ask: did the officer have a valid reason to stop the driver to begin with?
Prior to arrest, law enforcement must offer proof that the stopped driver is under the influence of drugs or alcohol, when they cannot provide proof that a crime was committed the DUI case can potentially be dismissed. Police use their personal observations along with field sobriety tests, breathalyzers and blood tests to determine if a driver is intoxicated.
Once a person has been stopped for suspicion of drunk driving, law enforcement will conduct series of field sobriety tests, which assess the driver’s coordination, balance and cognitive abilities. According to the NHTSA there are a number of reasons a sober person can fail a field sobriety test. Those reasons included obesity, age, previous injuries to the back, legs, or ankles. Additionally, a brain injury can affect a person’s coordination. Surprisingly, even wearing heels higher than 2 inches can make a person perform poorly on these tests.
Police also ask drivers they suspect of being intoxicated to submit to a breathalyzer test. While drivers can refuse this take a breathalyzer, the state of Texas has an implied consent law, which means a driver can have their license suspended for up to a year if they refuse to take this test.
Lawyers can also challenging the results of breathalyzer tests. It is possible for breathalyzers to give inaccurate readings, especially if they are not regularly calculated or the suspected driver has health problems such as diabetes. Drivers can give false positive results on breathalyzers is they have consumed cough syrup, used a breath spray, mouthwash or lip balm.
Sometimes police will ask a driver to agree to a blood test, if they believe they have used drugs which can’t be detected by a breath test.
Every case is different so offenders need the help of Lubbock DUI attorney to pinpoint the right defense strategy that will help their client beat a conviction or plea for a lesser charge. Attorneys are instrumental in helping a person avoid jail time and keeping a DUI conviction of your record.