Being arrested for DUI can leave you without a license, facing possible jail time, and with the requirement to pay hefty fines. If this happens to you, you will need to develop a solid defense, and this take the help of a qualified DUI defense attorney. This is true whether you are a first time offender, or have had prior cases. And, even though each case is made up of its set of particular facts, there are some things that need to be done in every instance of DUI arrest. This should be your starting point, and from there we will work on the specifics of your case for you.
The top three things to explore if you have been arrested and charged with DUI are:
- Take a look at the traffic stop that lead to the arrest. If that stop was not valid, then it is possible that anything that happened thereafter is also not valid. There are certain things that have to be present in order to make a traffic stop lawful, and we will let you know if those exist in your case.
- If a determination is made that your traffic stop was legal, the next thing to examine is the way the breath test was given to you. The police have to follow certain protocols when administering a breath test, and if those protocols are deviated from the test result is not considered reliable. Without a reliable test result to show you were driving while intoxicated, it is hard for the prosecution to make the charges stick.
- Exploring other explanations for the test result is always a must! There are times when medicine or other physical characteristics that are unique to you and you alone will impact the testing. If any of these exist in your case, it is imperative to identify them and bring them to the attention of the Court as part of your defense.
These factors are not the only factors that play a role in the defense of your case, and in order to figure out what else is needed for your defense a thorough analysis must be performed. We know how to look at the facts and apply the law to those facts. If you have been charged with DUI, call our office for help.
Schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. Your first visit is a free initial consultation.