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Important Tips for Overcoming a DUI Charge

Unfortunately, there is an immense amount of political pressure against drinking and driving. Therefore, anyone who has been convicted of a DUI faces serious consequences that could include a steep financial penalty, suspension or loss of license, and even prison time depending on the prior criminal record.

Furthermore, many people will find that the social stigma against people convicted of a DUI could make it difficult to find housing or job opportunities. For those facing a DUI charge, here are a few important tips that can help people win the legal dispute. 

Did the officer have a legitimate reason to pull you over?

When the police department pulls people over on the side of the road, there are different categories of enforcement called primary and secondary enforcement. Primary enforcement means that the officer can pull someone over for suspicion of violation of a primary enforcement law. Secondary enforcement means that an officer cannot pull someone over for that reason; however, that charge can be added if a violation is discovered when someone is pulled over for a primary enforcement reason. If the officer did not have a primary enforcement reason to pull someone over, the DUI charge may not be valid and the charge might be thrown out.

What were the physical signs that led to the DUI charge?

Many times, officers will charge someone with a DUI on the basis of physical findings of drunken behavior. Some motorists might be asleep behind the wheel, other drivers may have trouble speaking, and some people pulled over may not be able to walk in a straight line. Sometimes, these physical findings are up for debate. People should think about the behavior at the scene and challenge the physical findings from the officer's report. They may not point solely towards intoxication.

Were the other factors that led to a failed sobriety test?

Sometimes people are forced to take field sobriety tests and fail for reasons other than intoxication. For example, someone with a chronic musculoskeletal condition may not be able to walk in a straight line. Some people simply have poor balance and cannot stand on one leg. Think about other reasons someone might fail a field sobriety test.

Are the blood and breath tests valid?

It is a valid legal defense to question to legitimacy of the blood and breath tests that are taken at the scene or at the hospital. There are extraneous factors that may alter the results and some people might have chronic medical conditions that could lead to inaccurate results. If the results of the tests are inaccurate, the DUI charge could be thrown out. For more information on questioning the validity of these laboratory tests, contact an experienced attorney for assistance. With the serious nature of the consequences, everyone should invest in the best legal defense available.

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