Let’s be honest, no one wants to have a DUI mark on their record.
One night of too much fun, may have resulted in a few poor decisions,
including you getting behind the wheel intoxicated. Perhaps you were pulled
over and you are certain you only had one drink, and even more certain
that you were not drunk, yet you were still
arrested for a DUI. There are many situations that can lead up to a person’s DUI arrest,
and whatever the case may be every person deserves the chance to be well
defended in the court of law when accused of driving under the influence.
At The Law Offices of Howard J. Weintraub, we are determined to do whatever
we can to help those accused of any sort of criminal charges, including
a DUI. Here are a few common ways that those charges can be challenged.
Many times people who are accused of driving under the influence will try
and explain to the officer on duty that they are not, and it so happens
do be a common truth because there are a lot of physical reasons an officer
may think you are under the influence when you are in fact not. There
are two different types of “impairment”: physical and mental.
It is important to realize that perhaps your body is demonstrating physical
impairment such as poor walking or speech or watery eyes, when your brain
is completely lucid. If this is the case for you, and the entire officer
was able to determine was that your body was impaired though your mind
was not, you may be able to challenge your charges.
When the officers have your BAC levels checked, and the reading comes out
to be higher than the legal limit, and yet your level of impairment does
not correspond there is grounds for a challenge here. Even if your levels
show that you are twice the legal limit, if the officer saw no physical
sign of impairment, many times the court will dismiss the case to the
disconnect between the person and the actual results.
Believe it or not, there have been cases in which people who are drunk
have been arrested for a DUI, and to be clear a DUI means driving under
the influence. Even if the officer is sure that you were utterly wasted,
if they can’t prove for a fact you were behind the wheel of a car,
they have no case against you. This is possible in the even that you were
involved in a car accident and yet there are no victims or even the other
car to testify that you were the one driving. DUI charges may also be
challenged if you are parked while sitting in the driver’s seat
and you are under the influence. There can be many reasons for you to
be sitting in the driver’s seat; it does necessarily mean you were
operating a vehicle.
Another common way to challenge a DUI charge is if you were arrested at
a DUI checkpoint, and they did not adhere to the state’s legal requirements.
These rules are very tight within each state, and therefore if an officer,
or the overall checkpoint, failed to accomplish those legal regulations,
the charges may be challenged as well. For example, there must be supervising
officers that keep watch of the entire event to make sure that every individual
is properly taken can of. Even the specific way the checkpoint is set
up needs to be according to the rules. Lastly, DUI checkpoints are to
be announced to the public prior to the event so that if a person is arrested
they were aware that the roadblock was happening.
There are many reasons for which a person can appear to be under the influence
while operating a motor vehicle. One, you may just be bad at driving or
you have a new car and getting used to the very sensitive pedal has been
very difficult. Another is if you are tired, studies show that a person
is just as dangerous as a DUI driver on the road when suffering from extreme
exhaustion. This tiredness can cause a person to weave through traffic,
miss a stop sign or red light, even crash into other vehicles, very similar
to that of a person who has had too much to drink.
Common distractions may also lead to accidents or officers thinking there
is a drunk driver. These would include using your cell phone, texting
or talking, eating in the car, woman applying makeup, kids screaming in
the backseat, the list goes on. There are so many things in a car that
can link to having an officer pull a person over for drunk driving, and
if this was the case for you, fight your charges with the help of an attorney!
If you were pulled over and the officer accused you of drunk driving, and
then your breathalyzer test said it too, fear not there may be other reasons for the
breathalyzer test to be inaccurate. A common way for the reading to be messed up is if someone
suffers from GERD (Gastroesophageal Reflux Disease) or acid reflux and
even heart burn, your body will be more likely to keep the alcohol in
your mouth, therefore altering the reading of the test. Breathalyzers
are meant to test the deep lung air to determine a person’s intoxication
levels, but if you suffer with reflux diseases, you will be more likely
to burp often; making the test read your mouth air instead.
The list goes on for ways that a DUI charge can be challenged, and with
the help of a trusted and experienced Atlanta DUI defense attorney these
charges may be set aside or the sentencing reduced. While we can make
no guarantees for the outcome of a case, we will do our best to defend
our clients. Every person deserves the chance to be defended when accused
of breaking the law, and whether your DUI was a simple mistake or you
are certain that you were not under the influence, we want to fight for
The Law Offices of Howard J. Weintraub today for a defense attorney who can help you challenge your DUI charges!