It is totally wrong to drive when you are under the influence of alcohol or other substances that can hinder your mind from focusing on driving safely. However, because we are just human beings, we would sometimes forget this. And yes, we could get caught and get DUI charges. While DUI is a traffic violation, an accused person can still contest this, of course, with the help of his DUI attorney.

  Here are Some Strategies for DUI Charges

Challenge the Police

Was your DUI stop legal? The police can’t just pull you over for no reason at all. The patrol officer has to have areasonable basis for the traffic stop and it’s got to be more than seeing you weave inside your lane (that’s not illegal) or someone calling in an anonymous tip.

Did the police have a right to search your car for alcohol or drugs? Officers can’t search a person or a car for a minor traffic offense and they have to ask your permission to search your car, or have probable cause.

Did the officer fail to tell you your rights? If you weren’t told of your Miranda rights, the prosecutor can’t use any statements you made as evidence against you.

Does the officer have a history of problem behavior? A lot rides on the officer’s opinion in a DUI case. If the officer isn’t credible, if he or she makes misleading statements or inconsistent verbal or written statements, that can work in your favor.

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Questions about Breathalyzer Tests and Observations

Were there False BAC Readings? A breath alcohol test can report high readings if alcohol is still being absorbed into a person’s bloodstream.  When alcohol absorbs into the bloodstream, it is called the absorption phase.  The absorption phase can last up to 3 hours after the person has finished drinking.  If a breath test is administered during this phase, results will likely be false.

Was There a Lack of Observation? According to California law, the police officer must observe a person’s behavior for 15 minutes before they can administer a breath alcohol test.  During this time, the officer must be sure that the person does not do anything that may cause mouth alcohol to be blown into the breath test machine.  Any of the following may can cause mouth alcohol to be blown into the breath test machine: belching, vomiting, food in braces or dentures, or drinking mouth wash.

More can be read here.

Know your rights. You  can challenge your DUI accusations with our help. Contact us at 305-LAW-Firm or send us your details anytime.


Protecting Yourself With The Help of Expert DWI lawyers from anthony778, 1 year ago in Business & Mgmt http://www.villanideluca.com/ —DWI lawyers or DUI lawyers are professionals whose job is to defend a person being accused of a DWI charge. Trying to protect yourself from the case is very risky, and can sometimes be the reason for your conviction.

Your experts in DUI for Miami DUI lawyers at Traffic Ticket Office, call 305-LAW-FIRM.