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An Officer Arrested Me For a DUI At The Scene Of An Accident, What Are My Defense Options? 

by Richard J. Banta | May 12, 2020 | Uncategorized

DUI Lawyer

A very complex scenario involves being arrested at the scene of an auto collision for being under the influence of alcohol. Those who have been arrested may immediately fear for the potential consequences, and worry that they will be blamed for the wreck that they actually didn’t cause. Law enforcement may make the driver feel responsible, when they really aren’t, and even use various interrogation strategies to get them to make a false confession.

In the whirlwind of the arrest, booking, and being questioned by police, the person arrested may not know what to say or do. It may be tempting to proclaim your innocence, but this may only make matters worse. The best thing you can do is try to remain calm and remember your legal right to legal representation before cooperating further. 

After speaking with your attorney about the situation, he or she may suggest using one of the following DUI defense strategies: 

You Were Unlawfully Stopped

Law enforcement is required by law to have a reasonable suspicion that a crime is being committed before they can pull over a driver. What this means is that you must have been doing something such as swerving within your lane, not abiding by traffic laws, speeding, or another behavior that is risky. Or, you must have had a car malfunction such as a taillight out, before an officer can legally pull you over.

Officer Failed To Abide By Sobriety Test Protocols

All field sobriety tests (FSTs) must be given fairly. The officer may have had you walk a line, touch your nose, or follow a pen with your eyes. If the officer had not followed field sobriety protocols exactly, then the results of your test may not be permissible in court. This can work to your advantage greatly since if that’s the only evidence the officer had, then that doesn’t leave much of a case against you. 

You Are Managing a Medical Condition

Some medical conditions may be incorrectly mistaken for drunk behavior, such as neurological disorders, diabetes, or speech slurs. If you were arrested for a DUI because of symptoms that are actually due to a condition, then medical records can be a helpful way to fight the charges and get your case dismissed.

Your Sample Tests Were Improperly Performed

You may have needed to provide a urine and/or blood sample at the time of your arrest, to determine the level of alcohol in your system. If the officer didn’t store the sample correctly or the lab technicians had improperly handled the sample, then the evidence may be thrown out in court.

Additionally, your sample must have been obtained within a reasonable time after your arrest, within a couple hours of being pulled over. Your DUI attorney in MD can investigate how your samples were collected, the experience of the technicians who ran your testing, and whether there are any indicators that your test was not properly performed. 

 

 

Thanks to The Law Firm of Frederick J. Brynn, P.C. for their insight into criminal law and being arrested for a DUI.