How Your DUI Lawyer Will Defend Your Case

If you've been arrested for driving under the influence you may feel like there's no hope. A DUI lawyer, however, has several defense strategies to prove innocence, lack of evidence or reduce penalties. In addition to needing a reasonable cause to pull you over, a police officer must administer and judge a series of tests according to state-mandated guidelines. Failure to do so correctly can result in a false assessment, which can potentially be thrown out of court. Because many convictions rely on circumstantial evidence, a qualified DUI lawyer has several possible courses of defense. 

One defense argument used is contesting the reason for arrest. A tired, stressed, injured or otherwise anxious driver can exhibit erratic patterns that are similar to that of a person driving under the influence. While still considered unsafe, penalties are greatly minimized and generally reduced to a mere fine as opposed to a criminal conviction for drug or alcohol impairment. If there was no BAC (blood alcohol level test) given at the scene, there may be enough evidence in your favor for a DUI lawyer to assist you. How you reacted to police instructions following being pulled over can also be used to demonstrate your alertness and cooperation. 

Improper BAC testing methods is another defense that can lead to case dismissal. Different states vary in regulations regarding how a police officer is to administer the BAC. In some areas, there is a very limited timeframe and any deviation can result in a case getting thrown out. And certain states allow you to demand a urine test rather than a Breathalyzer. In these instances, a time period is often still in effect. Most people are unaware of their state's laws regarding driving under the influence, which is why it's best to keep an eye on the clock during an arrest and ask any witnesses with you to do the same. 

A BAC can also often test too high. A reason for this is if a single alcoholic beverage was ingested very shortly before driving, the alcohol residue left within the mouth can create an excessively high, false reading. Alcohol also requires time to disperse evenly throughout the body. To provide an accurate reading, all alcohol must have been absorbed within the blood. In order to be considered a drunk driver, the BAC has to be an accurate measurement of a person's impairment while in motion. 

Field sobriety tests are another way that police determine whether or not a driver was impaired. A walking test (heel to toe) along a straight line, vision check, or other motor skills tests are often employed with or without a BAC. As with any test, there are guidelines as to how these are to be administered in order to be effective. If it can be proven in court that there was error in field sobriety test evaluations or other mitigating circumstances such as a disability, the results may prove insufficient to be used as evidence against the defendant. This is an especially important defense if no BAC was given at the scene but the arrest was based purely on the results of the FST.