If you have been arrested for drinking and driving, it is important to remember that just because you have been charged does not mean that you will be convicted. There are steps that can be taken at this stage in the case as a way to gather evidence and build an effective strategy to fight your charges. At The Law Offices of Greg Prosmushkin, P.C., we understand that there are flaws in the justice system, so it is important that you do not allow these errors to falsely incriminate you. By working with one of our knowledgeable DUI attorneys, you will be able to justifiably challenge evidence you are facing.
When people are arrested for a DUI, their emotions and thought process tend to remain in flux for some time after. They are almost always worried about the stop initially, only to become agitated or angry as time passes. Many may think that they were in the wrong place at the wrong time, that they made a huge mistake and ruined their lives, or that the officer was out to get them from the onset.
If you find yourself in this position, your first concern should be finding an experienced DUI lawyer to advise them. Trying to analyze the situation or come up with ways to fight the arrest on your own are not a good use of your time. The knowledgeable DUI attorneys at The Law Offices of Greg Prosmushkin, P.C. understand how to best contest a DUI on your behalf.
There Is a Science DUI Arrests
Every single iota of DUI evidence can and should be challenged. Even if the evidence appears unbeatable to you, your case could involve significant procedural errors that may be to your benefit in court. There is science and a process to DUI testing. Even slight deviations can make evidence inadmissible.
Field sobriety tests are largely subjective, and can easily yield inaccurate results. Numerous studies have shown that these tests are nowhere near 100% effective, and that even in perfect conditions – meaning level ground, no sound or movement distractions, clear weather, proper police instruction, etc. – the results themselves are imperfect.
The breath test requires a continuous and uninterrupted observation period, a working breath test machine, changed mouthpieces for each test, certificates proving the machine was serviced and calibrated appropriately, certificates proving officer training, and no interfering electronics. So many factors must meet the required guidelines that it is not uncommon that something is done wrong, thus invalidating the breath results.
Why Do I Need a Lawyer?
Challenging the evidence in a DUI and using it to your advantage is key to defending a DUI. Let an experienced and aggressive DUI lawyer fight for you by challenging the evidence and confronting the prosecutor, in attempt to dismiss the charges or make a favorable deal.
This content was written on behalf of Greg Prosmushkin.