After a driving under the influence arrest, you probably feel hopeless. You believe the police have so much evidence against you that you’ll have to plead guilty or face a conviction. You think that the prosecutor has a slam dunk case against you. Remember this: You’ve only been arrested and/or charged with DUI. You’re not convicted of any crime. There are four other things to remember about your DUI arrest and/or charge:
- You do not have to plead guilty.
- You can challenge the DUI charge.
- You can hire a DUI defense lawyer to fight for and protect your legal rights.
There are facts that a prosecutor does not what you to know that could change the outcome of your case in your favor.
Here is the information a prosecutor may not want you to know:
The Police Can Damage the State’s Case by Making an Arrest without Cause
According to the U.S. Constitution, a police officer must have reasonable suspicion or probable cause to:
- Conduct a traffic stop.
- Start a DUI investigation.
In other words, running a red light or weaving in and out of your lane are types of potential infractions that an officer may try to rely on to justify the stop over your vehicle and subsequent DUI investigation. An officer cannot stop you just to ask you a question or because he or she thinks you look drunk.
Field Sobriety Tests Aren’t Always Accurate
Field sobriety tests are hyped up to be mistake proof. They are allegedly so easy that a sober person can complete them flawlessly. Do not believe the hype. Field sobriety tests are not always accurate or simple to complete. There are many reasons why someone would fail one or all of the field sobriety tests and not be drunk. For instance, a clumsy person could fail the walk and turn field sobriety test. There are other reasons why these tests are not always accurate like a:
- Medical condition you have.
- Police officer’s inability to provide correct, specific instructions.
- High heeled shoes.
- Physical inability to perform one or more of the field sobriety tests.
Breath Tests are Just as Inaccurate as Field Sobriety Tests
The government brags about how accurate the chemical testing such as Breathalyzers are that there is a penalty for not taking the test. What a prosecutor does not want you to know is that certain things can make a Breathalyzer inaccurate. In other words, your blood alcohol concentration, or BAC, is not near, at or above the legal limit. Also, there can be a margin or error that can be factored into the equation in an effort to ascertain your correct BAC. Here are the things that causes a Breathalyzer to produce a false high reading:
- Your diet.
- Various foods.
- Amount of food in your stomach.
- Mouthwash you used.
Obtain Representation for Your DUI Charge
You were arrested for DUI and you have a right to be represented by a defense attorney. At the Law Offices of Jonathan Franklin, you will find the representation you need to aggressively defend yourself.
The team of lawyers at the Law Offices of Jonathan Franklin know how to use the secrets that prosecutors don’t want anyone to know to their advantage. Whether it is challenging the chemical tests or the reason why you were stopped, the goal is simple. Get your case resolved successfully, whether it is reduced, dismissed, settled favorably through a negotiated plea agreement or with a not guilty verdict after a trial.
