4 Secrets To Defending Yourself From A DUI Charge
Being charged with a DUI is a life-changing experience. In addition to the arrest, potential jail time, and loss of a driver’s license, an individual who has been charged with a DUI may lose their job, lose their reputation in the community, and be forced to drive around with license plates that let the whole world know that they have driven while under the influence of alcohol. Most people think they understand DUIs and what defending against a DUI involves. However, there are many secrets associated with DUIs that the majority of the world has never heard of.
You Don’t Have To Lose Your License
Many people assume that if they are charged with a DUI it means that as they automatically have their license suspended. It is true that the government has put in place laws requiring instant and automatic license suspension for individuals charged with a DUI. However, something that most people do not realize is that if they request an ALS hearing and have a lawyer prepare a letter and send it to the appropriate governmental agency, the defendant’s license can be saved.
Breathalyzer Tests Do Not Treat Both Genders Equally
Expert testimony has shown time and time again that when women are charged with a DUI and a breathalyzer test is used as part of the evidence, the evidence is flawed. Why? Breathalyzer tests are not designed to calculate alcohol levels in female drivers as well as they do in males. There are two reasons for this. One is the way the biochemical, hormonal, and body temperature differences between men and women affect the way alcohol is recorded in their system. The second reason is that men and women absorb and metabolize alcohol differently.
Police Make Mistakes
Police officers must have a valid reason to pull you over when you are driving. They must follow certain procedures when administering a field sobriety test, when administering a breathalyzer test, and must read you your rights when you are arrested. Failure to do any of these things can result in a DUI case being thrown out of court. Because of the strict nature of police and legal procedures, having a Gilbert DUI attorney or one from your particular area can significantly increase your chance of receiving a lesser charge or having it dismissed entirely. Lawyers know the ins and outs of arrest procedures and can identify police missteps in your specific case.
Field Sobriety Tests Are Not Mandatory
In many states, breath or blood tests are required by law once an individual has been arrested for a DUI. However, field sobriety tests are not required by law. Why is this? They are not a conclusive way of determining whether or not an individual has consumed excess alcohol. Many things such as fatigue, physical handicaps, and clumsiness can skewer the results of a field sobriety test.
The best way to avoid a DUI charge is to not drive drunk. However, if a person is charged with a DUI, these tips might help them have a positive outcome in their case.