What Steps a Lawyer Takes
to Get a Not Guilty Verdict in a DUI Case?
Charges of driving under influence can have serious consequences for accused. As such, it is imperative that accused hires an experienced DUI lawyer to look into the case and create a defense strategy. Our aim here will be to look into some of the steps a lawyer can take to get a not guilty verdict in your case.
What steps a lawyer takes to get a not guilty verdict in a DUI case?
Defenses to – Failure to Provide and Refusal Charges
By consulting an experienced DUI lawyer you will be able to know that if there is reasonable excuse then court will not consider your refusal to provide a breath sample to be a crime. Some examples of what would be considered a reasonable excuse include:
- You have suffered an injury and blowing will be considered quite dangerous due to this injury.
- There is a medical condition which means it would be nearly impossible for you to provide a breath sample by blowing into specified equipment.
Similarly, refusing to give a breath sample will not be considered a crime in case demand for such sample is considered invalid. Demand for breath sample will not be valid in case requirements with respect to breathalyzer and road side screening are not followed.
A DUI lawyer will try to utilize available defenses in case charges you are facing are of failure to provide right sample. These defenses would include:
- It is found that breath machine has been inadequately maintained or operated.
- Instructions provided by police officer about how accused person needs to blow were unclear.
- Emotional state accused person was in meant that the person was not able to provide breath sample even after trying as best as he or she can.
- Accused was not provided enough number of chances to provide breath sample or given a last chance for blowing into the equipment.
An experienced DUI lawyer will try to utilize all above defenses to prove your innocence in the case so that you get a not guilty verdict.
Feasibility of Plea Bargain
Oftentimes, accused person as well as his or her DUI lawyer will prefer plea negotiations with the aim of:
- Avoiding accused having to face severe penalties due to bodily harm inflicted upon others because of an accident.
- Avoiding jail term in case it was a repeat offense.
- Obtaining less harsh driving prohibitions or fines.
Arbitrary Arrest and Detention
You DUI lawyer will also try to find whether Charter violation has occurred while you were detained or arrested by the police. Such violation will take place in case there wasn't sufficient grounds for arresting or detaining accused person. The arrest would fall in the category of arbitrary arrest when:
- Police makes use of physical indicia that signifies impairment to make premature conclusion that accused person was impaired in his or her ability to drive and does not make use of breath testing machine to validate its decision.
- Accused person's vehicle was stopped for a reason which is not related to road safety.
- Road side breath sample was not taken properly (as for instance, accused person had residual alcohol in mouth because of recent consumption).
As we can see, a lawyer plays a crucial role in DUI cases and if you want to get best possible verdict then it will be necessary to hire a competent lawyer to handle your case.