The requisite DUI lawyer knows that the chances of obtaining sentences such as probation and supervised orders from the court are much lower. And, let us not discuss the apprehensions and future ramifications that the offense can accrue. However, that is not the picture one must solely use for guidance; there are ways out of this scenario. But first and foremost, it is imperative to consult a current serving DUI attorney who practices law in the greater Los Angeles region. With their expertise, it will be much easier to fight the Los Angeles Dui charges out rightly and avoid being imprisoned altogether.
Questioning the Validity of the Traffic Stop
One of the key objectives the DUI lawyer has to achieve is to validate the reason why the police officer canceled the other driver’s ability to operate their vehicle. A Prime example of a situation that can turn into suspicion is if the individual operates their motor vehicle without all the required equipment being installed. But if the motor vehicle is devoid of such lack of equipment and proper documentation in the presence of law enforcement agencies, if an individual gets apprehended and arrested, it would be irrelevant in a court of law, as it can be presented as an illegal action.
In the absence of probable cause, DUI allegations may be dropped should an able attorney be able to prove that the stop was unconstitutional.
Challenging the Breathalyzer Test Results
Breathalyzer tests are often used as evidence in DUI cases to determine a driver’s blood alcohol content (BAC). However, these tests are not foolproof, and there are several ways to challenge their results.
An established expert in such cases may contend that the breathalyzer was not properly calibrated based on the opinion instituting the driving under the influence instance. Because of their importance, the instruments must be subjected to regular checks and calibration. Improper calibration will compromise the precision of the clay model, yielding a low estimate of the amount of alcohol present in the body and biasing the assessment of the percentage of alcohol in the blood.
Also, some persons with diabetes and patients on antireflux therapy or on a high protein diet might test falsely high for breathalyzers. Your solicitor may also examine how the officer performed the test to guarantee that the officer adhered to all relevant procedures. If it can be established that a particular procedure was not followed or was poorly executed, there is the possibility of challenging the results.
Scrutinizing the Field Sobriety Tests
FSTs or Field Sobriety Tests are used during a DUI stop to determine the driver’s state. Unfortunately, FSTs are quite subjective and use a number of factors unrelated to any alcohol or drug impairment for evaluation. Low temperatures, uneven surfaces, or physical handicaps can cause someone to struggle during field sobriety testing procedures.
A proficient Los Angeles DUI Lawyer at Your Service can defend his/her client by claiming that the results of the FSTs are not credible. At this point, we understand that conditions in the courtroom are controlled little, and how the subject officer conducted each of the tests is important. An attorney may also contend that the reason for poor performance on the tests might have nothing to do with drinking, which can, in effect, damage the case for the prosecution.
Challenging Blood Test Results
In some cases, blood tests suffer the same scrutiny as breath tests. It is up to the prosecution to explain why some of the physical limitations of the defendant should lower the chances of them being forgiven for a DUI, the blood test, in this case, is sometimes able to administer better insight into the blood alcohol content of a subject or driver. Substantiating beliefs on this view then make the two frustrating causes of meaning purposes neglectful reasons, losing the accuracy of many other tests. For instance, if the blood was transferred to an unnecessary container and place, or if the test was conducted too far from the prescriptive location, the results would be ineffective.
DUI attorneys say that a blood alcohol test could be challenged in court if the lab procedures are found to be suspicious. There is no case without blood.
Lack of Probable Cause for Arrest
In cases that involve DUIs, even if the traffic stop occurs legally and a breathalyzer is used, the officers have to corner you into giving them a reason to arrest you. Law enforcement can put you in handcuffs due to evidence that constitutes probable cause results from erratic driving, not performing a field sobriety test, and even standing over the limit. Your attorney could try to defend your case by arguing that the arrest is unlawful because the officer did not have enough evidence to prove otherwise, so any evidence obtained during an arrest is not valid.
The Role of Expert Testimony
As a reasonable doubt in a case can be raised through presumptions only, the defense may also employ expert witnesses to counter the evidence brought forward by the State. These doctors would include toxicologists who may claim that the BAC levels recorded were wrong or persons who may work as accident reconstructionists who may contradict the officer’s testimony. Thus, expert testimony has the greatest chance of practically weakening the prosecutor’s case and bringing a judge or jury to a point to drop the charges altogether or lessen the penalty.
Exploring Plea Deals or Alternative Sentencing
In other instances, when evidence is too strong or the conditions regarding the charge of DUI are favorable, it may not be a wise decision to proceed with a plea. Although the violation may not be substantiated, the facts of the case at hand would not allow for exculpation. In such situations, there is always a possibility of negotiating a plea with a Los Angeles DUI attorney who would assist with reducing the penalty or strike a plea deal with the prosecution. This could be by being found guilty of lesser kinds of offenses like reckless driving or consent to other forms of omission like attending a DUI school, performing community work, and being put on probation.
Taking Action: How a Skilled DUI Attorney Can Help Protect Your Rights
As a last point, don’t lose hope if you are arrested for a DUI in Los Angeles. Your options are wide. A knowledgeable and experienced DUI attorney will scrutinize every facet of your case and look for potential big or small weaknesses that can allow them to contest the evidence adduced against you. Whether it is questioning the legality of the traffic stop, contesting breathalyzer or blood test results, or scrutinizing the Field Sobriety Tests, there are countless ways that your lawyer could use to fight your DUI charge. You have to be proactive and get legal advice to protect your civil liberties and aim for the best possible result in the case.
Disclaimer: The content in this article is provided for general knowledge. It does not constitute legal advice, and readers should seek advice from qualified legal professionals regarding particular cases or situations.
Published by: Gracia M.