3 Strategies a DUI Lawyer Can Use to Get DUI Charges Dismissed or Reduced
ShareIf you are ever charged with a DUI, it is important to know the possible outcomes. Some individuals view DUIs as minor charges. DUI laws are governed by statutes. Each state has its own DUI laws. Repeat DUI offenses within a timeframe is considered a misdemeanor in some states. However, other states might consider the most recent offense as a felony. It is also possible for a state to consider an individual as a high and aggravated driver when they have multiple DUI offenses. High and aggravated is a subset of crimes that are misdemeanors but states set aside harsh sentences like felonies.
A DUI lawyer is a good resource to use if you get charged with a DUI. They will know the statutes of the state where the alleged DUI occurs. Some individuals get DUI charges while vacationing. Their potential sentences if convicted will be based on the laws in the state where their DUI incident occurs. The following points are a few strategies a DUI lawyer might use to get their client's charges reduced or dismissed.
Determine if the Traffic Stop was Legal
Patrol officers can not pick and choose which cars on the roadway they want to pull over. The laws in most states require probable cause for a traffic stop. Some states also have laws that govern whether a police officer can start the process of deeming a traffic stop as a possible DUI. Law enforcement in many jurisdictions have cameras on their dashboard and also attached to their uniforms. Their recorded footage might be used as evidence. A lawyer could identify ways to challenge any allegations that a driver appeared drunk by using the video evidence.
Request to Suppress Evidence
Sometimes the state may have evidence that could help their case against a defendant. A DUI lawyer can file motions to suppress certain evidence. One test that is often administered onsite during a suspected DUI is a field sobriety test. Some officers are not properly trained to administer the test. If the officer who administers the test has not been trained to complete the test, a judge might rule to suppress it as evidence. Officers have legal duties, and the appropriate protocol would be to call for a backup officer with the qualifications.
Identify Unprofessional Behavior
For the most part, law enforcement officers are not corrupt. However, there are instances when unprofessional behavior occurs. Actions such as being aggressive with a suspect, demeaning or threatening a suspect, and coercion to take field sobriety tests are all behaviors that could beneficial to a criminal defense team.