Some people assume that after a person is arrested for DUI, he or she will likely be convicted. However, the reality is that in some cases, the charges are dropped or reduced. You have the right to fight against a charge. If you are facing a conviction for DUI, here are some possible strategies you could use to convince the court you are innocent or that the charge needs to be reduced.
Question the Breath Test
You might feel it is hard to beat the results of a breath test, but there are a couple of good reasons that it is possible. For instance, not all breath tests are the same. There are different types of breathalyzer devices that are used by law enforcement officials and they have varying degrees of accuracy. Depending on the device used, you could potentially call into question the accuracy rating of it.
You could also beat the results of a test based on what factors can influence the results. For instance, having gastroesophageal reflux disease, or GERD, can impact the results. Even foods that you eat could lead to an inaccurate result.
Question the Initial Stop
Law enforcement officials
For instance, if the officer observed you swerving in traffic, he or she would have cause to stop you. However, if you had not committed any traffic violations or exhibited any erratic driving behavior, there would not be sufficient cause to stop your car.
Question the Existence of Video
Depending on where you live, it is a possibility that your entire interactions with the police have been recorded. The recording
If there is a recording, your DUI attorney can request a copy. If the recording is favorable to you, your attorney can ask that the charges be dropped. In some instances, the case is settled through the prosecutor's office without the need to go to court.
There are other possible strategies that could be used to help your case. Due to the serious consequences that can result from a conviction, it is imperative that you consult with an attorney as soon as you can. To find out more, speak with someone like Pollack & Ball LLC.