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You’ve been charged with DUI: time to consider those defenses

On Behalf of | Sep 23, 2014 | Firm News

OK, so an Arkansas police officer stopped you, subjected you to a battery of roadside tests, pronounced an opinion that you were driving drunk and arrested you. You were subsequently charged with DWI and now face some serious potential exactions.

You might want to contact an experienced criminal defense attorney without delay.

Many motorists just assume that state authorities exercise an overwhelming amount of power that is pointless to resist.

In fact, that is seldom the case. A drunk driving stop might be — and typically is — portrayed by police officers and prosecutors as being completely unproblematic, with probable cause preceding it, protocols being rigidly adhered to and clear evidence of inebriation being proven beyond any reasonable doubt.

In the world of roadside reality, though, a motorist arrested for drunk driving often has strong and multiple grounds for contesting a criminal charge.

One drunk driving defense primer, authored by a national legal information provider, highlights several defenses that can potentially feature in a drunk driving case.

Of course, there is the initial stop. It certainly might have seemed justified and in good faith, but police officers are sorely fallible and make mistakes. It is hardly unprecedented, too, for police stops to be pretextual, that is, ostensibly based on one reason but really owing to another. An experienced defense attorney can sort through the facts.

Proven DWI/DUI counsel can also check to ensure that a police officer was properly trained to administer field sobriety tests. Some officers lack the capability to do so. Sometimes, too, they proceed with assumptions derived from inaccurate testing machines.

As noted in the above-cited DWI source, a number of other so-called “improper police actions” might have occurred pursuant to a drunk driving stop and arrest.

An experienced drunk driving defense lawyer will know what to look for and how to highlight improprieties. When they exist, the role of proven defense counsel is to strenuously challenge them and to seek the best possible legal outcome for a client.


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