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September 2, 2017 | admin Legal Strategies in a DUI Case
Here’s an article from WaistKarma.com, a retailer of Waist trainers. Suspects charged with driving under the influence in Los Angeles require the help of an experienced DUI attorney. An extremely knowledgeable attorney will be able to present arguments and possible defenses before the prosecutor. There are a couple of different options to constructing noteworthy defenses against drunk driving. In most cases, the lawyer will have better success defending against a drunk driver charge by questioning the officer’s training or the evidence gathered from the case. There are however cases where affirmative defense is presented to the prosecutor. Since the laws regarding drunk driving are extremely complex, you should definitely hire an experienced lawyer if you have been arrested for driving under the influence.
A person who is convicted of a DUI must had been driving under the influence at the time of arrest. As a result, the suspect will need a lawyer that uses sound legal defenses and strategies to ultimately drop the charges. A skilled lawyer will seek to thoroughly understand the arrest by evaluating the instrument used to measure alcohol content, the manner in which the data was collected, and the evidence against the client.
In order to corroborate his defense, the lawyer will examine the evidence of the arrest in detail. He may seek to have the following questions answered
- “Was the arrest warranted?”
- “Did the client violate any traffic laws?”
- “Did the client have physical symptoms of intoxication?”
- “Was the machine reading accurate?”
- “Why did the cops pull the suspect over?”
Common Drunk Driver Defenses
The most common drunk driver defenses in Los Angeles are
- Improper Stop: This is definitely the most common defense used by DUI lawyers. An improper stop supports the notion that the officer lacked probable cause to pull over the suspect.
- Rising Blood Alcohol Concentration: The defense may claim that the suspect’s blood alcohol concentration was actually below the legal limit while driving, but the level actually increased by the time the breath test was administered. The driver may not have been affected by his alcohol consumption if the substance has not been fully absorbed into his system before the tests is taken.
- Faulty Field Sobriety Test: A DUI attorney often reviews the field sobriety test for improper administration or inaccurate results. For example, the horizontal gaze nystagmus or HGN test is often challenged before the prosecutor. The HGN test was designed to detect eye movements associated with intoxication.
- Blood Test: A blood test that is administered during the suspect’s time in custody is brought before the courts if the results were mishandled.
- Portable Breathalyzer Test: The attorney may question the use of the Breathalyzer test especially if there were compounding factors like vomiting and indigestion. The defense may also challenge if the officer was properly trained and whether the device is properly calibrated and maintained.
- Wrong Driver: There may be enough evidence to prove that the suspect in question was actually not driving at the time of arrest.
- Unlawful Officer Actions: The DUI lawyer may gather evidence concluding that the officer infringed upon the suspect’s rights or faked a DUI report.
Affirmative Defenses to Drunk Driving
Sometimes there are other compounding reasons why a suspect should not be convicted of drunk driving such as the below examples
- The defendant was forced to drive intoxicated to avoid injury or death. Perhaps someone forced him to drive intoxicated.
- The suspect has consumed alcohol without his knowledge. Maybe the waiter spiked his drink or he ingested alcohol that was spiked at a party.
- The officer forced urges the defendant to become intoxicated and drive under the influence.
- The suspect needed to operate a motor vehicle after consuming alcohol simply because he did not have other options.
Sound legal strategies and defenses are extremely important as they ultimately determine the likelihood of a dismissed or reduced case. A knowledgeable DUI lawyer will understand the appropriate defense to use for your case. If you have been accused of drunk driving, consider calling a law professional as soon as possible.