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 you. Call The Law Offices of Howard J. Weintraub today for a defense attorney who can help you challenge your DUI charges!