Negotiating Plea Deals

Can You Get Out Of A DUI, Despite There Being A Witness?

by Flenn Lane

Getting charged with a DUI offense could result in more than just a suspended license or a fine. Think jail time, job loss, a broken family, and the inability to get certain jobs in future.

It is imperative to immediately hire a DUI lawyer, like those at Cohen Law Offices LLC, for drunk driving defense. But can you hope to escape the charges even when there is a witness to your indiscretion?

It is possible if your lawyer has the strategies to challenge the prosecution's case. Below are some points that can be challenged and result in complete exoneration.

Chemical and Breathe Tests

These types of tests are used to find out the levels of alcohol concentration in the blood. Your lawyer can question the administration of the test, its efficacy, the training of the officer using it, or the circumstances surrounding its use.

Field tests that were not conducted properly can also result in the charges being thrown out.

The Legality of the Search

DUI roadblocks and checkpoints are usually stationary and well marked. An illegal search can be a strategy used by the DUI lawyer to get the charges thrown out, whether the search was conducted at or away from these designated checkpoints.

To support this line of defense, the lawyer can cite that the officer did not have probable cause to check for DUI-related offenses if you were stopped away from the checkpoint. If you were stopped at a legal roadblock, then the lawyer can use constitutional laws that protect citizens from illegal searches to mount your defense.

The Arrest Process

An officer can make a warrant-less arrest on the basis of probable cause. However, if your lawyer can prove that probable cause did not exist to compel the officer to arrest you, the case can be dismissed. Probable cause includes erratic driving, a vehicular accident, or being reported.

Reasons for the Stop

Police officers are actually allowed to stop a vehicle on suspicion that a violation is being committed or has occurred. However, the constitutionalism of the stop can be challenged if it was done without conforming to the expected standards.

If it is determined that the stop was not constitutional, the evidence collected is inadmissible in court.

Experienced DUI lawyers are savvy in getting their clients off when it comes to DUI charges. These charges are meant to be extremely punitive in order to deter people from committing them. Courts can be lenient with first time offenders offering you the option of accelerated rehabilitation programs, going to driving school, or undergoing probation.

After successfully completing these court orders, the DUI offense can be expunged from your record.