The team at the Law Office of James Novak in Tempe believes that everyone deserves strong legal defense, no matter what charges they face. This is Constitutionally guaranteed to all citizens of the United States, and by mounting a strong legal defense, we help ensure that the system works for everyone.
The idea of a strong legal defense is important when a person is arrested for drunk driving. We would like to take a basic look at some common DUI defense strategies that can help drunk drivers in their time of legal need.
Focusing on the Circumstances of Your Drunk Driving Arrest
One of the initial focuses for drunk driving attorneys will be the circumstances of the traffic stop. Law enforcement should have a probable and/or legitimate cause for pulling someone over. When law enforcement does not have a probable cause for pulling a motorist over, the motorists' Constitutional rights have been violated.
When arrested, there may also be an issue of the officer not reading you your Miranda Rights, which is a serious violation of your Constitutional rights and flies in the face of basic police officer protocol.
Problems with the Unscientific Field Sobriety Test
Field sobriety tests are inherently flawed in that they are not scientific measures of blood alcohol content (BAC) or sobriety. Many times field sobriety tests are improperly administered, which means that motorists may fail the sobriety test unfairly.
It should also be noted that anxiety and nervousness can contribute to failure of a field sobriety test, a matter that must be taken seriously. These issues with stress and nervousness can be the result of intimidation on the part of law enforcement, which also needs to be brought up in your case if it occurred.
Issues with Breathalyzer Accuracy and BAC
While many officers rely on breathalyzer tests to assess a person's BAC, there have been instances in which the breathalyzer misreads BAC. Other contaminants and factors can lead to improper readings of a breathalyzer, including the presence of alcohol from medical or dental treatments on the mouth, the use of cold medicine or mouthwash, and even acid reflux.
Problems with the Accuracy of Blood and Urine BAC Tests
In addition to problems with breathalyzer tests, there have also been cases in which blood analysis and urine analysis for BAC have provided incorrect readings as a result of sample contamination and/or shoddy lab work. In addition, false readings may be reached in urine tests of a driver has not urinated in a long time prior to the test, which can result in a much higher concentration of alcohol in the analysis than actually present in the driver's system.
Noting Other Issues with the Nature of the Traffic Stop
If there was a witness present in the vehicle or passing by who can testify regarding your sobriety, this can be a crucial part of the defense strategy. The same goes for any witnesses who can note improper actions, harassment, intimidation, or mistakes made on the part of the arresting officer.
In addition, there may be sufficient evidence that demonstrates that a driver was sober or well within the legal limit even though a blood, breath, or urine test may suggest otherwise. These will be noted as the defense strategy is generated based on the circumstances of your arrest.
Speak with a DUI Defense Attorney
If you or someone that you know has been charged with drunk driving, it's important that you contact our DUI and criminal defense law firm today. We at the Law Office of James Novak will help ensure that you receive a fair hearing and that you understand all of your legal options during each step of the litigation process.