At the moment you have been arrested for drunk driving in your state, you should contact a good lawyer who has a great experience in defending clients before the threshold of justice. The contact an attorney experienced in these types of cases is the first step to build a good defense. When working with a lawyer who specializes in DUI cases, this may review all information concerning your case and question those procedures that have been made incorrectly.
There are some cases where police officers will default the steps established by law when proceeding to examine the amount of alcohol in blood of the driver and this can be useful when your case is defended in court, as this may cause the charges and fines imposed by the police.
The most common errors are:
When a policeman does not have probable cause: the police must at all times have probable cause to make traffic stop, as established in the penal code. In the event that a police did not have probable cause, it cannot legally make a traffic stop.
If your rights are not read during arrest: There are cases where police officers do not read rights to defendants when they are arrested. Rights must be read to inform the accused of the functions available such as keeping silent and the right to an attorney. In the event that a policeman does not give rights to the driver, detention can be considered illegal.
Erroneous results breathalyzer test: When the police consider a person suspected of drunk driving, it usually requires a breathalyzer test driver. Corresponds to the police officer is to determine if the driver is unable to drive due to alcohol consumption. The agent must examine the driver and motor function, balance and coordination while breath tests are made.
However, these tests are subjective and may vary from agent to agent. There are reasons why a person may appear to be drunk without consuming any alcoholic amount, such as a slippery road, poor illumination of the road, ambiguous instructions from police officer and any medical conditions affecting the coordination driver.