A surprising number of people also think it’s better to just plead guilty and accept the consequences if they are arrested and charged with DUI, mostly because they think the evidence against them is overwhelming. What they may not realize is there are several defense strategies a seasoned Mesa DUI attorney can employ to fight back against their charges and preserve their freedom. If you’re considering pleading guilty, here are just three of these common strategies that are more effective than you might think.
IMPROPER SOBRIETY TEST PROTOCOL
In order to lawfully arrest you and charge you with driving under the influence, law enforcement must have what is called “probable cause,” which is essentially an educated belief that a crime has been committed. Officers establish probable cause through the use of field sobriety tests. While some of these tests have been standardized, you might be shocked how often there are mistakes in how they are administered. An improperly-administered test can lead to a false-positive result, which negates probable cause and therefore makes your arrest unlawful.
IMPROPER STORAGE & TESTING OF BLOOD SAMPLES
Your body is constantly filtering alcohol out of your system through your kidneys, and that means officers only have a limited amount of time in which to collect evidence after making an arrest. Likewise, once the sample is drawn (either blood or urine), the sample must be properly stored or else its chemical composition could change, including possibly increasing the amount of alcohol that registers in a test. Your attorney may request records as to when and how your test sample was treated, stored, and tested in order to find any discrepancies that could show any test results were compromised, which would bar them from being admissible as evidence.
Law enforcement must follow a number of different procedures to the letter in order to lawfully arrest you and draw an evidence sample. One of these procedures involves placing you under arrest. When you are arrested, officers are required to immediately read you your Miranda rights and ensure you understand what you are and are not permitted to do. If there are any discrepancies in this process, such as forcing you to submit to a blood or breath test before reading you these rights, your attorney could have the evidence barred because an improper procedure means the search that obtained the evidence was not lawful.
If you have been arrested and charged with DUI, call Naegle Law Firm today at (480) 378-9000 for a case evaluation!