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Four Ways your Criminal Defense Attorney can Challenge a DUI Charge

A driving under influence conviction can have devastating consequences. From potential jail time to hefty fines and suspended licenses, it can be difficult for you to get back on your feet after everything. That is why you need to fight your charges by using the services of a criminal defense lawyer. No matter your case, your attorney will see patterns in your case. There are ways they can fight a DUI charge. These include the following:

Determining if the Search and Seizure are Unreasonable

It is illegal for authorities to conduct unreasonable searches and seizures of people or property. Whatever evidence they collect while they carry out an unreasonable search or seizure won’t be accepted in court. However, it is likely for prosecutors to still try to use this evidence. Your attorney may request the suppression of such evidence. If you are in Tennessee, you can learn more about Tennessee criminal defense law here.

Challenging the Legality of your Traffic Stop

Only the police are allowed to pull you over if they suspect you have done something illegal. Their suspicion should be based on whether they see you speeding, running a traffic light, swerving, or other suspicious activities while driving. They need to satisfactorily explain the reasons they pulled you over. Otherwise, the evidence from the top can be suppressed from your case.

Challenging the Field Sobriety Test

This test is meant to develop an objective approach to determine a driver’s intoxication. If you fail this test, the police get the probable cause to arrest you and give you a more accurate blood alcohol content (BAC) test that can be carried out at a medical facility or police station. The police need to present a probable cause for the DUI charge to stick.

Demonstrating the Inability of the Police to Respect your Fifth Amendment Rights

When the police arrest you, they should inform you of your rights and respect them. In case they fail to do so, whatever information you gave during the arrest and the criminal charge will be dismissed. Keep in mind that you don’t have to answer any questions the policy may ask you at the roadside. During an arrest, they must read your Miranda rights. Should you refuse to answer questions and request for the services of an attorney, they must stop questioning you. Any answers you will give at this point may not be admissible at your DUI trial.

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