If you’ve been arrested for and arraigned with driving while intoxicated, you could be concerned about the final result of your case. Maybe a breathalyzer test revealed that you are indeed drunk. It may seem that this evidence assures that you will be discovered guilty should you head to trial, yet it doesn’t need to be the case. DUI lawyers know what justifications could make evidence less compelling or perhaps make it unacceptable.
One argument your lawyer could make is that the results of the breath analyzer test were skewed due to a pre-existing medical condition that you have. A breathalyzer test calculates alcohol concentration in your breath, but this test isn’t always flawless. It might not have the ability to remove other components that can test positive during a breath analyzer test. Ailments like diabetes, ketosis, and acid reflux could lead to inaccurate outcomes.
Another discussion your attorney can make is when the police officer didn’t abide by protocols in the breath analyzer test. States and even police departments stick to different protocols. A few examples of these guidelines are conducting the breath analyzer test in an area free of radio frequency and awaiting the right time to give the examination so residual alcohol will not invalidate the results. Radio frequency interference may be brought on by a mobile phone, resulting in undependable results.
The DUI lawyer can also argue if the arresting officer didn’t get the approval of the motorist prior to taking the test. Law enforcement officials must not forget to tell the motorists that they pull over that they can say no to the breath analyzer test. An official who pushes a person to take the test or tells the person that penalties are going to be nastier if he or she doesn’t have the test might be violating due process. In this case, the judge may not acknowledge the results of the breathalyzer test as an evidence during trial.
A DUI attorney could also claim that the police officer did not have any probable cause to let the defendant pull over. In accordance with United States Supreme Court case law, police officers cannot halt a car unless they have probable cause that a law is being violated. This means that a reasonable individual would believe that the people inside the automobile are committing a violation. Without having probable cause, evidence obtained will become invalid. The outcomes of the breath test are involved in these evidences. If your lawyer could efficiently persuade the court that no probable cause was there to pull you over, the judge will exclude the outcomes of the breathalyzer examination from court trial.
Check out this DUI attorney in Orlando and see why a good DUI lawyer is vital for your DUI arrest.