If you were pulled over and charged with a DUI, the first thing you should do is contact a DUI attorney. This is especially true since many states are cracking down on drinking and driving, and the penalties and charges you face if convicted can be rather hefty. A DUI attorney will be able to scrutinize the police reports in order to challenge claims that have been made during the preliminary hearings and the pre-trials. To give you some idea as to how a DUI attorney can help, take a look at these 3 aspects that can be used to challenge and discredit the police officer who charged you.
Medical Condition or Medications that May Result in Physical Condition Reported
The police report should clearly indicate why the police officer was under the suspicious that you were under the influence. If you can prove that the police officer was led astray by appearances and behaviors that had nothing to do with being sober, you might be able to get your case thrown out of court.
For example, the police officer may claim that you had bloodshot eyes; however, your DUI attorney may challenge this if you take medications that contain the preservatives benzalkonium chloride or thimerosal, as they cause redness of the conjunctiva. This can be easily mistaken for intoxication.
Accuracy of Field Sobriety Test
The results of the field sobriety test can also be up for question. In the police report, you will find details as to the type of test that was administered and your response. Fortunately, field sobriety tests are highly inaccurate and open to interpretation. This gives your DUI attorney the opportunity to challenge the accuracy of the test and whether it is admissible in court.
There are many ways to challenge a field sobriety test. For example, you may naturally have poor coordination or you may have a physical ailment that prevents you from performing the tasks that were asked of you.
Results of Breathalyzer Test Based on Improper Equipment Maintenance or Calibration
One of the most damning evidences that the police officer has against you would be the results of the breathalyzer test if one was administered. Arguing the legitimacy of the test can be difficult on your own. A DUI attorney will need to carefully scrutinize the reports in order to determine whether the equipment was properly calibrated or maintained. An attorney can go out of their way to request maintenance reports and the reports on the history of repairs that the equipment received.
Don't face a DUI charge on your own. It's simply not a smart move. Instead, you should really consider contacting a DUI attorney immediately to see whether there are any discrepancies in your case that can be used to your advantage. Contact a company like Boehmer Law for more information.