If you have been arrested for and arraigned with driving under the influence, you might be concerned about the final result of your case. Maybe you did not successfully pass the breath analyzer test. You might think that this proof guarantees that you will be found guilty if you head to trial, but it doesn't have to be the situation. There are many arguments a DUI lawyer can make to get the evidence excluded or at least make it look less convincing.
Your attorney can say that you've got a preexisting problem that will make breathalyzer outcomes imprecise. Breath screening works by gauging the levels of alcohol present in a sample of the person's breath, yet this type of technology is not infallible. It might not have the capacity to get rid of other substances that could test positive during a breathalyzer test. Diabetes mellitus, a diet ailment called ketosis, and acid reflux disease could all alter the results of a breathalyzer and make it incorrect.
A third basis that a DUI lawyer can utilize to argue that the results of a breathalyzer test are inadmissible is that the arresting officer didn't truly obtain the subject's approval just before he got the test. Law enforcement officials must explain to people who are stopped for drunk driving that they could refuse to take the breathalyzer test. An officer who forces a person to take the test or informs the individual that penalties will be nastier if he or she doesn't take the examination may be breaking due process. In this case, the judge might not recognize the results of the breathalyzer test as an evidence during trial.
The DUI attorney may also argue if the arresting officer did not acquire the approval of the driver prior to taking the test. It's necessary for the official to let the individual he or she can decline to take the breath analyzer test. If the policeman says that the breathalyzer test is necessary or states that the motorist could have bigger penalties should he or she decline, it can be a violation of due process and the judge might not include it as an evidence while in trial.
A relevant argument that a DUI lawyer can make is that the police officer didn't have probable cause to stop the offender to start with. The United States Supreme Court case law only permits law enforcement officials to halt a motor vehicle when there is probable cause. This means that any sensible individual would be convinced that the individual driving or the passengers are breaking legislation. If there was no probable cause to halt the motor vehicle, any kind of proof extracted from that stop would be inadmissible. The results of the breath test are involved in these proofs. If the attorney can persuade the judge there wasn't any probable cause, the outcomes of the examination won't be used in trial.
Your attorney can say that you've got a preexisting problem that will make breathalyzer outcomes imprecise. Breath screening works by gauging the levels of alcohol present in a sample of the person's breath, yet this type of technology is not infallible. It might not have the capacity to get rid of other substances that could test positive during a breathalyzer test. Diabetes mellitus, a diet ailment called ketosis, and acid reflux disease could all alter the results of a breathalyzer and make it incorrect.
A third basis that a DUI lawyer can utilize to argue that the results of a breathalyzer test are inadmissible is that the arresting officer didn't truly obtain the subject's approval just before he got the test. Law enforcement officials must explain to people who are stopped for drunk driving that they could refuse to take the breathalyzer test. An officer who forces a person to take the test or informs the individual that penalties will be nastier if he or she doesn't take the examination may be breaking due process. In this case, the judge might not recognize the results of the breathalyzer test as an evidence during trial.
The DUI attorney may also argue if the arresting officer did not acquire the approval of the driver prior to taking the test. It's necessary for the official to let the individual he or she can decline to take the breath analyzer test. If the policeman says that the breathalyzer test is necessary or states that the motorist could have bigger penalties should he or she decline, it can be a violation of due process and the judge might not include it as an evidence while in trial.
A relevant argument that a DUI lawyer can make is that the police officer didn't have probable cause to stop the offender to start with. The United States Supreme Court case law only permits law enforcement officials to halt a motor vehicle when there is probable cause. This means that any sensible individual would be convinced that the individual driving or the passengers are breaking legislation. If there was no probable cause to halt the motor vehicle, any kind of proof extracted from that stop would be inadmissible. The results of the breath test are involved in these proofs. If the attorney can persuade the judge there wasn't any probable cause, the outcomes of the examination won't be used in trial.
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