Getting behind the wheel while drinking is very irresponsible. If the driver is pulled over, they can be arrested and charged with a misdemeanor. If their getting behind the wheel drunk results in an accident where someone was injured, the charge could be escalated to a felony. If a driver is pulled over for drunk driving, they should hire a lawyer to have their Operating Under Influence Charges reduced or dropped. There are several ways that a lawyer can challenge the charges.
Challenging the Traffic Stop
If the driver’s lawyer can prove that they were pulled over for no reason, there is a chance that the driving under the influence charge can be thrown out as well.
Challenge the Breathalyzer
If the driver failed a breathalyzer, their lawyer can attempt to contest the test. They can argue that the machine was not properly calibrated, that the machine was defective, or that the officer administering the test was inexperienced.
Challenge the Field Sobriety Test
The reason that many people are arrested for drunk driving is because they failed the field sobriety test. If the driver’s lawyer is able to prove that the field sobriety test was inaccurate, the case could be thrown out. For example, the lawyer could argue that the road conditions were poor, that the driver’s shoes made taking the test difficult, or that the driver had a medical condition that makes it difficult to pass the test.
Challenge the Police Report
When a person is arrested for drunk driving, the arresting officer would need to fill out a report regarding what they witnessed at the time of the stop. There are several symptoms that would lead an officer to believe that the driver was drunk, which can be blamed on other things.
If a driver is arrested for driving under the influence, it can result in very expensive fines, mandatory alcohol education classes, loss of license, and if the situation was serious enough jail time. The best way to have the Operating Under Influence Charges reduced or dropped is to hire an attorney. For more information visit chrisrichardattorney.com or find us on Facebook.
