Posted on: 27 September 2018
Being arrested for a DUI is a scary and overwhelming experience, especially if you haven't ever been arrested before. Although there are several steps involved in a DUI arrest, your defense begins as soon as you are pulled over. From the initial stop to being taken to jail, each part of the process plays a significant role in the outcome, which is why it is critical that you contact a local DUI attorney as soon as possible following your arrest. Here are a few of the reasons why you need DUI attorney services when you are arrested for driving while intoxicated.
Challenging the Initial Stop
One of the most important reasons to hire a DUI attorney is the attorney's ability to determine whether the police officer had a reasonable cause to pull you over and perform a field sobriety test and/or a breathalyzer. The police office must have a valid reason to pull you over, and if they cannot show one, your case may be dismissed or reduced, regardless of what happened after you were pulled over.
Field Sobriety Test and Breathalyzer
When you are detained for suspicion of intoxication, the police officer may ask you to do a field sobriety test and/or submit to a breathalyzer. It is your right to refuse either test; however, if you do submit to the tests, as part of your defense, your DUI attorney may question the officer's ability to perform the test. For instance, was the officer experienced in conducting a field sobriety test or was the breathalyzer calibrated correctly? The field sobriety test and the breathalyzer both play a significant role in the cause for arrest, so if the evidence can be challenged and deemed inadmissible.
Gathering evidence is an essential element of your defense. Evidence may include a variety of different things, such as the officer's body camera, your health records, and the documentation showing when the breathalyzer was last calibrated. There are several situations when people have been arrested for a DUI that subsequent evidence ultimately proved otherwise. For instance, medical records may prove that a medical condition would prevent someone from having the ability to effectively pass a field sobriety test. Other benefits of evidence could include the body cam showing that you did initially refuse the tests, but were indirectly coerced into taking them.
One of the most important reasons to hire a DUI attorney is to protect your driving privileges. Once you have been arrested, especially if you refuse the field test or breathalyzer, your driver's license may be immediately suspended. DUI attorneys can appeal the suspension and possibly get your privileges reinstated, at least until your final court hearing.Share