Why Your Lawyer May Defend You In A DUI Case

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Were you given a DUI that you feel was not justified? If so, it can help to have a lawyer help fight it in court. Here are some ways that a DUI lawyer will help defend you.

Challenge The Traffic Stop

A police officer is allowed to pull you over for any violation of traffic laws, and then use that traffic stop to find other violations. However, there must be a legitimate reason for the traffic stop to happen in the first place. While there are legit reasons to pull somebody over, such as speeding or reckless driving, there are also reasons that are not as obvious that are still legal. For example, you could have something illegally hanging from your rearview mirror or windows that are tinted too much. If there was no reason for you to be pulled over in the first place, the whole traffic stop could be considered illegal.

Challenge The Officer's Questioning

When a police officer pulls you over to potentially give you a DUI, they are going to ask you a series of questions to try to get you to admit guilt during the traffic stop. For example, instead of asking you if you have been drinking, they may ask you how many drinks you had that night. The line of questioning completely changes the type of answer that you may give. One asks you a yes or no question about if you were drinking, and the other assumes that you already have been drinking and wants you to give a specific number. That form of questioning that assumes guilt can be challenged because it is designed to get an admission of guilt if you feel like you are giving the officer the answer that they want to hear. 

Challenge The Sobriety Test

The police officer may order you to get out of your vehicle to perform a field sobriety test. However, it is possible to challenge the field sobriety test due to the nature that it was given to you. For example, were you supposed to perform the test on the side of the road where the ground was uneven and not properly lit? This could be enough to challenge the validity of the test. If you were never given a breath test and were ordered to take a field sobriety test, this could be the way that you successfully challenge your DUI ticket.

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