5 Factors in Winning a DUI Case

sobriety checkpoint

sobriety checkpoint

Being arrested for a DUI is certainly cause for great concern, especially in Alabama.  If convicted, you will lose your license for a period of time, your insurance rates will skyrocket, and your fees and fines will be tremendous.  If arrested for DUI you should immediately hire an experience attorney that will help you through the process.  Below is a short list of five (5) factors that can assist with having a positive outcome in your DUI case.  This list is not at all complete but it does represent a number of factors examined by a trained DUI attorney. Know that every DUI arrest is different depending on your state, county and city. Whether your in Auburn, AL, or Montgomery, you need a DUI attorney that is knowledgeable of the DUI laws in those locations.

 1.  ILLEGAL STOP OF PERSON OR VEHICLE

An officer may not stop you or your vehicle unless he has observed a traffic offense being committed or a law being violated.  Additionally, you may not be detained by the officer unless he feels that you have broken the law.

2.  LACK OF PROBABLE CA– USE

A police officer must have specific facts to support an arrest for DUI or said arrest may be deemed unlawful and any evidence arising from that arrest may be suppressed at trial.

3.  AN ILLEGAL SEARCH

The police may not search your person or the automobile for minor traffic offenses without the driver’s consent absent a valid probably cause of a crime unrelated to the traffic stop.  Any evidence obtained in an illegal search is not admissible in court.

4.  FIELD SOBRIETY TESTS

According to the National Highway Traffic Safety Administration (NHTSA), if an officer fails to properly administer the field sobriety test pursuant to established protocol, the reliability of the test has been compromised.  Further, in healthy individuals, the one-leg stand test is only 65% accurate, and the walk-and-turn test is only  68% accurate in determining if a person is under the influence of alcohol.  Persons with injuries, medical conditions, 50 pounds or greater overweight, and 65 years or older cannot be properly judged by these tests.

5.  BREATH MACHINES

In many cases, officers, or operators of the breath machines fail to follow the manufacturer’s mandated protocols.  Failure to follow these protocols will often result in improper readings and inadmissible results.  We see many times that the operators no longer have a valid license or proper training to administer the breath alcohol tests.  If this is the case, the results of the operators tests are often presumed invalid.

If you need an Auburn DUI Lawyer, contact the attorneys at the Walker Law Firm.  We are here to help you and can often have your case dismiss.  Contact us for a free case evaluation.  [email protected] or 334-329-7325