To be honest, anyone can find himself or herself under arrest for a stupid thing that could not manifest itself as you thought. In case you find yourself under arrest for DUI or DWI, it is absolutely a cause for concern-but not for total despair.
By choosing a quality defense lawyer who will prepare to protect your rights, there are numerous ways your case may be quite defendable.
That calls for an immediate consideration of hiring an experienced DUI Defense Attorney. Here are the top 10 ways your lawyer may be able to succeed in defending your rights even if your case involves a drug, drugs, alcohol or medicine:
- Standard Field Sobriety Testing Is Inaccurate
For healthy individuals, the accuracy of the one-leg stand test is just 65%, and only 68% for the walk-and-turn test. These tests are used in determining if a person is under any influence.
Those persons under medical conditions, having injuries, 50 pounds or greater overweight and even 65 years and above cannot be accurately judged by these tests.
- Illegal Stop of Vehicle or Person
A driver cannot be simply stopped not unless the officer has an articulate and reasonable basis to believe that a traffic offense or other offense has been committed. Similarly, a person cannot be arrested unless he or she has violated some laws or rules.
- Non-Standardized Field Tests Are Inaccurate
Neither medical science nor The Federal Government (NHTSA) really considers saying the alphabet, or touching your finger to your nose or even counting numbers in a backwards direction, as accurate sobriety tests.
- Booking Room Videos
Several police stations videotape suspects at the central police station, where their speech is very clear and balance is perfect, despite of police testimony to the contrary.
- Breathalyzer Machine Sometimes Malfunctions
According to the San Diego DUI Professionals many states specify that if there is any malfunction or even repair of the Breathalyzer within a particular period of time before or after breath test of the suspect, the results obtained are presumed to be invalid.
- Hospital Blood Test Invalid
In most cases, hospital blood tests overestimate a person’s real level by as much as 25 percent in healthy, injured persons, and are not statistically trusted in extremely injured individuals.
- Lack of Evidence to Prove Driving Under the Influence
A defendant admission to driving during time of arrest, without more consideration, does not prove a charge of driving under any influence.
- Failure to Mirandize
Prosecutors may choose not to use as evidence the statements of a defendant in custody for a DUI in case the police failed to accurately issue Miranda Warnings.
- Portable Breath Test Improperly Handled
The manufacturer of portable breath testing instruments recommends a minimum of 2 tests to regard the results very evidential in nature.
- Medical and Health Problems
Medical problems with arms, legs, back, neck and eyes can influence the results of field sobriety tests. In addition, other medical conditions can also influence the accuracy of breath test results.
