The penalties for operating under the influence can be very severe. If a defendant doesn’t have the right attorney on their side, they can end up paying thousands in penalties and fines, and they may face a lengthy jail sentence. Thankfully, an attorney can use several solid defenses to beat Operating Under Influence Charges.
Challenging the Legitimacy of an Arrest
Police cannot pull drivers over randomly and without reason; they must reasonably believe that someone is committing a criminal act or driving while intoxicated. If the officer’s reason for the stop is illegal, it’s likely that OUI evidence will be ruled inadmissible in court.
Questioning the Validity of Field Sobriety Tests
If a person received a sobriety test at the scene, an attorney may be able to challenge the test’s results. The typical sobriety assessment includes a variety of tests, but a lawyer can point to the fact that other conditions may have affected the client’s ability to pass them. People fail sobriety tests for various legitimate reasons, and a lawyer can call on these when defending a client against Operating Under Influence Charges.
Challenging OUI Signs
If an officer pulls someone over and arrests them on suspicion of an OUI based on physical symptoms, a lawyer may be able to defend against the charges. Not all of these signs are always linked to drug or alcohol consumption, and medical problems can cause many of the same symptoms. A skilled OUI lawyer can point these factors out in court.
Questioning Breathalyzer Test Results
If an arresting officer administered a breath test, the lawyer can dispute these findings as well. Breathalyzer tests aren’t always reliable, and they’re often successfully challenged due to improper calibration or device malfunction. Lawyers can point out various issues that lead to inaccurate Breathalyzer readings.
Disputing an Officer’s Actions
During an OUI arrest, an officer must read a suspect his or her Miranda warnings, which include the right to an attorney and the right to remain silent. If these warnings are not read, the attorney may get some evidence ruled inadmissible, thereby helping the suspect beat the charges.
When someone is arrested for OUI, they should get in contact with a local attorney. Visit chrisrichardattorney.com for more details, or call the office to schedule a consultation.
