A DUI charge is extremely serious and could have dire consequences for your driving privileges and your reputation. If the case is particula...
A DUI charge is extremely serious and could have dire consequences for your driving privileges and your reputation. If the case is particularly egregious, then there could be legal ramifications as well. When you consider how severe a DUI charge can be it may seem like there is no way to overcome it, but it is possible to not just overcome the challenges posed by a DUI charge, it is entirely possible to get the case dismissed, which is like it never even happened.
You will need the help of a DUI lawyer who has experience mounting robust defenses against DUI charges. They will know how to poke holes in the circumstances surrounding your charge and the evidence used against you. That can cause reasonable doubt and can lead to the dismissal of your case. If you have been charged with a DUI, then you will need all the help that you can get, so contact a Miami DUI lawyer as soon as you can if you want the best defense possible in your DUI case.
There are many different ways in which a DUI attorney can get your case dismissed. However, you should know that no case is guaranteed to end in a dismissal because every case is different and in some of them a dismissal is not possible. However, when there is even the slightest possibility of a dismissal, the following are some of the arguments your attorney can use to make it happen.
An officer will stop someone if they were showing signs of inebriation by driving erratically or drifting out of their lane. Those kinds of stops are valid but if an officer stops someone simply because they spotted them coming from a bar, then that stop is invalid. Even if the driver shows signs of intoxication when they are pulled over, none of the evidence obtained from the traffic stop can be used. If an attorney can prove that the traffic stop was invalid, then any evidence obtained from the stop cannot be used and the case would have to be dismissed.
Once an officer has stopped a driver they suspect of being under the influence, they will ask them to perform a series of tests to determine the driver’s sobriety, or lack thereof. Those tests are as follows:
Horizontal Gaze Nystagmus - Nystagmus is an involuntary bouncing of the eye that tends to occur when a person is intoxicated. The officer asks the driver to follow the horizontal motion of an object held about twelve to fifteen inches in front of their face using only their eyes. If there is nystagmus, then that is a good sign the driver is inebriated.
Walk and Turn Test - The officer will ask the suspect to walk heel to toe on a real or imaginary straight line with their hands by their side. The suspect will be asked to take nine steps in one direction while counting out the steps and then turn around and take nine steps in the opposite direction from which they came. The officer is looking to see if the suspect drifts off the line, loses count, or holds out their arms to balance themselves, all of which are signs of intoxication.
One Leg Stand - The suspect is asked to raise one of their feet about six inches off, and parallel to, the ground. While keeping their hands to their side, they will then be instructed to count in the thousands while looking at their foot. This will continue until the officer asks them to stop. Signs of inebriation include hopping around to keep balanced, swaying from side to side, putting the foot down, or using the arms for balance.
If the officer notices two or more of those signs, then the driver fails the test. People who are over the age of 65, who have leg, back, or inner ear problems, or who are more than fifty pounds overweight will not be asked to take this test. If someone is wearing high heels, then they will need to remove them before performing the test.
These tests all have a high degree of accuracy in determining intoxication, which is why they are admissible as evidence. The officer has to ask the suspect to perform more than one of these tests, since none of them are 100% accurate by themselves in determining if someone is intoxicated. If the officer only asked the person to perform one of these tests, then the results can be disputed.
The tests also need to be performed in well lit areas on even, non-slippery ground while the suspect is wearing footwear that makes it easy to maintain their balance. If none of those conditions are met, then the results can be disputed. There are also perfectly valid medical reasons why someone could fail any of the tests, which could put their results in dispute.
A DUI suspect may be asked to take chemical tests to determine their BAC (Blood Alcohol Level); these can be breath or blood tests, each of which have varying degrees of accuracy. The breath test can be contested because the breathalyzer might not be calibrated or maintained properly. There are also certain medical conditions that can increase the concentration of alcohol in someone’s breath even though they are not intoxicated.
Blood samples could get contaminated or corrupted if they are not stored properly. All of this means that even chemical tests can be disputed even though they are considered to be accurate in determining a person’s level of inebriation.
You will need an experienced DUI attorney if you want to have the best chance of a dismissal. That is because a lawyer will be able to dispute the evidence gathered by the officer. If they can get that evidence thrown out, then there is nothing to prove whether you were intoxicated or not, which means that your case would have to be dismissed. So, if you are facing a DUI charge and you don’t want it to ruin your life, then hire a lawyer to give you the best chance of getting a dismissal of your case.