When a police officer stops someone and accuses them of a DUI without any reasonable evidence but files charges against them anyway, this is called a false DUI arrest. If law enforcement conducted the investigation and arrest process in a way that violates laws or your protections as a civilian, then a lawyer should be called immediately for assistance. DUI is a serious crime that comes along with severe penalties and possible jail time, so taking action after a recent arrest is imperative.
Law enforcement is given the power to check offenders who may be under the influence. An officer can halt a vehicle, conduct the sobriety test, have blood tests run, and ultimately judge for themselves the level of impairment of the driver. The impairing drug may be an excessive consumption of alcohol, marijuana, or other substance that can result in intoxication. However, when police falsify evidence or don’t abide by protocols, then a criminal defense lawyer may be needed to sort it out and protect the accused.
Two of the many DUI defense strategies that may be utilized in your case include:
Inaccurate Breath Alcohol Testing
Breathalyzers may malfunction or not have been properly calibrated by the officer providing the sobriety test. These little gadgets are supposed to measure breath alcohol within the lungs, and then provide a quick estimation of the blood alcohol in your system. This instrument has a 10% margin of error inherently, so it can easily give an incorrect high reading.
Not Given Opportunity to Contact Attorney
Each person has the right to talk with an attorney prior to any criminal investigation or inquisition. For DUI cases in particular, this is especially paramount since the arresting police officer may ask the accused questions before they have legal representation.
Unfortunately, many people make statements during this interrogation that are then used against them by the prosecution. If the accused would have remained quiet or had a lawyer by their side to prevent self-incrimination, they would have had a better chance of a dropped or reduced charge.
Depending on your circumstances, there are numerous other potential defense strategies your legal representative may use. Contact a criminal defense lawyer shortly after an arrest, such as a lawyer from The Law Group of Iowa.