Challenging Your DUI Arrest With the Help of a DUI Attorney
If you have been arrested for a driving under the influence and the breath test revealed you were over the blood alcohol content limit, you may it would just be best to plead guilty; you would be mistaken. Before making any rash decisions concerning your arrest, consult with a Seattle DUI attorney to discuss your case. There are often other legal aspects of your arrest that can be challenged.
Federal law and most state laws require arrests to be based on probable cause. You are also protected against unreasonable search and seizures. If your arrest for DUI was not based on any probable cause, an experienced DUI lawyer can sometimes fight the charges against you on these grounds alone.
The police are not permitted to randomly stop vehicles, unless it is an organized DUI checkpoint. Drivers pulled over because of their race, ethnicity or other suspicious reasons have legitimate grounds to challenge the legality of the stop and therefore the arrest. DUI lawyers can make sure these issues are brought up in court.
Police officers can make mistakes during your arrest. For example, if the police question you without reading your Miranda rights, a Seattle attorney can move to dismiss your statements or any evidence gathered. In some instances, the lawyer will even challenge the history and credibility of the arresting officer as part of your defense strategy.
DUI laws vary from state to state, and in some jurisdictions, the law requires suspects of driving under the influence to submit to a breath test or provide a blood sample as a means of accurately determining blood alcohol content, commonly referred to as your BAC. Refusal of these tests results in harsh penalties, such as the suspension of driving privileges.
Even if the BAC results of a breath or blood sample are over the legal limit, Seattle DUI lawyers can sometimes challenge:
o The results of the test, and the testing procedure
o The collection, handling and storage of the sample
o The manner in which other tests were conducted
o The arresting officer’s actions
o The cause for the traffic stop
Seattle DUI lawyers commonly utilize professional witnesses to testify for the defense at trial as a way to hopefully contest the blood alcohol content evidence.
If you have been arrested for suspicion of driving under the influence, it is important to talk over the details of your case with a Seattle DUI attorney. You may believe the case against you is all but settled, but your attorney has plenty of experience in this area and may feel otherwise.