When the call from jail comes to you, the effect can be shocking. The very thought of a loved one being arrested for driving under the influence (DUI) can cause confusion, fear, embarrassment, and more. Your help and support will be necessary during this difficult time. You should understand one important point while you begin to deal with the aftermath of the arrest: an arrest is not the same thing as being found guilty. DUI charges can bring serious punishments, but the charges must be proven before the punishments can be known. For this reason, it's vital that a criminal defense attorney is contacted immediately so that they can begin to work on your loved one's DUI case. To help you cope better with the process, read on to find out more about the way your loved one's attorney will attack the case and seek justice.
DUI Defense Strategies
There is nothing simple about a DUI case. The laws that apply to driving while intoxicated contain provisions for every aspect of the incident from the initial contact to your loved one's reputation. There are just too many variables and issues that must be identified and challenged for anyone to declare that a DUI conviction is inevitable. To put it another way, if the arresting officers failed to follow the law to the letter, your loved one has a defense to the DUI charges. For example, here is a list of some common issues that should be examined while planning a DUI case defense.
1. Was the roadside stop improper? Law enforcement cannot stop a vehicle without a good reason. The reason, however, doesn't have to have anything to do with being intoxicated—it might be a failure to signal a turn or a non-working taillight on the vehicle.
2. Was there probable cause to search? Law enforcement must have good reason to carry out a search on a vehicle. If an open container was in view or the driver smelled of alcohol, that might a good reason. If the driver was driving a certain make of car when stopped, that is not a good reason.
3. When the field sobriety tests were conducted, was the officer certified to administer the tests? Field sobriety tests are not as simple as they might first appear, and only officers with training and certification can administer them.
4. Are the results of the field sobriety tests valid?
5. Was your loved one read their Miranda Rights before being questioned?
6. Was your loved one actually driving the vehicle at the time of the arrest? While state law can vary somewhat, in some places you can only be arrested for DUI if you are actually operating the vehicle and not just parked.
The above examples are just the beginning of issues that must be explored. Help your loved one by giving them the benefit of the doubt and by supporting them during this difficult time.
Sometimes it's necessary for individuals to hire a criminal attorney. If you've never had to hire an attorney before, you may not know exactly what to do. Hello, my name is Joanna, and this blog will tell you everything you need to know about hiring a criminal attorney to represent you in your legal matter. I was in this situation recently when a family member needed an attorney. I had to learn quickly what needed to be done, and in the end it all worked out great. I decided to compile a blog to help others learn what to do when they need to hire a criminal attorney. Since this can be a stressful experience, my hope is that this blog will help to ease some of the stress.