Being charged with DUI (Driving Under Influence) is very serious and may lead to some genuinely harsh legal penalties and punishment. And this is why people are doing their very best in order to avoid the consequences.
With that said, there are plenty of stories saying that one may actually avoid being penalized if he or she will suck in a breath mint or even a penny after he or she was pulled over by the law enforcement officers. And, of course, these are nothing but stories – urban legends that would never work in the real world. However, it does not necessarily imply that there are not legal defense strategies that could help you out. In fact, from the very moment that you were pulled over and all the way up to the presentation of evidence against you in court, there are ways to avoid the legal punishment and to come up with the perfect legal defense strategy. Here are some of the most common strategies and a little more about them.
- First of all, the law enforcement officers cannot simply pull you over with no reason whatsoever. In fact, the law is clearly stating that in order for you to be pulled over by the police, there needs to be probably cause and this implies that the officers will need to have something more serious than their suspicions. This means that the law enforcement officers will only be able to pull you over in case that you were not following the laws, speeding, waving around, exhibiting signs of erratic behavior or your car needs to have certain malfunctions that would be visible to the police. In any other case, the stop will be considered unlawful to begin with.
- Even the FSTs – the Field Sobriety Tests needs to be administered by the law enforcement officers in a lawful manner and following the rules and legal recommendations. Otherwise, the results of the tests will not be considered viable and will not be used in court under any circumstances. Furthermore, do not forget that in case the officer was not respectful and was instead intimidating as well as genuinely aggressive to begin with, the test results will not be admissible in court as well. Finally, the test results may be hindered by improper footwear if it is about the heel-toe test and so much more. In the end, FSTs are generally viewed as more of subjective things than actual viable evidence that could be used in court against you.
- Blood alcohol samples also need to be taken in line with certain protocol and it is very important, genuinely crucial for the law enforcement authorities to follow those as closely as it is possible. Hence, the blood sample should be taken by a qualified as well as genuinely experienced DUI attorney within the very least amount of time possible. If the test will hinder for too long or if it is not going to be performed by an expert, its results may not be considered viable in court. Furthermore, blood test results also need to be stored in proper conditions so as to avoid fermentation as well as contamination and if there is any reason to doubt those results and the integrity of the samples, they are going to be basically thrown out of the frame as enviable evidence.
- Many people these days are suffering from different medical conditions and these may well be taken as signs of alcohol intoxication. Some of the neurological issues may cause slurred speech as well as frantic movement, while diabetes may well lead to the smell of alcohol from one’s mouth and could even be registered as alcohol intoxication via the breathalyzer test. Of course, if you are suffering from one of those conditions, the case will be closed and dismissed from the get go.
- We have all seen it a million times in films and TV shows – whenever a person is arrested, the arresting officer is reading his or her Miranda rights to them. You know, the right to remain silent, the right for the attorney, everything you will say may and will be used against you… that kind of thing. Well, if the arresting officer did not read the Miranda rights to you during the arrest, any kind of evidence, even the most incriminating one that was gathered afterwards is not going to be considered viable in court.
- The defendant cannot be interrogated or even spoken to without the presence of counsel. And even though everyone knows that, some of the us are trying to circle around that regulation by offering a very appealing plea bargain off the books, so to say. And if something like that happened, it is very important to inform the judge about it and see what he has to say about such unauthorized, behind the back offer.
In the end, it is important to understand that there are certain legal defense strategies that could really prove to be absolutely invaluable to you even during the DUI arrest and charges. Of course, it is best to have a qualified Sacramento DUI lawyer by your side in order to really make the most from your legal needs and requirements.