If you were arrested and now face the crime of driving under the influence of alcohol or drugs, then you probably know that you could experience serious repercussions. You may have to pay fines, lose your license, and serve jail time. You may be feeling like there is no hope at the end of the tunnel, but it’s important to remember that you are not guilty until proven so, and you have time to build a case in defense of what happened with help from a criminal defense lawyer.
You have the right to contact a lawyer during investigations.
Each person has the right to speak with a lawyer upon request during a criminal investigation. After you have arrived at the police station, ask to call a lawyer. Keep in mind that if you contact someone you know personally, police may be permitted to listen. If you make any statements that are self-incriminating, law enforcement may use it against you later. However, if you call a lawyer, police cannot listen to the conversation for confidentiality reasons.
The breathalyzer test could have been working improperly.
Before submitting you to a breathalyzer test, the officer must calibrate and offer it properly. If they don’t, then it can result in an inaccurate reading. Breath tests assess the level of particles of breath alcohol within the lungs, giving a measurement of blood alcohol in the blood. This is an indirect measure, and should not be used alone to determine intoxication.
The officer may have unlawfully halted you.
Law enforcement are bound by laws to not violate your rights, and this includes not engaging in unlawful search and seizure of someone’s person, vehicle, or property. Police cannot use a hunch or gut feeling to halt a person in public, they must have a reliable reason for stopping you. If the police officer who arrested you for a DUI may have performed an illegal search and seizure, you must mention this to your lawyer.