The consequences of a DUI can be very serious. If you are in jail, or if you have a driver’s license suspension, you could lose your job, and your family life may suffer. At Horan Law Offices, P.C., we understand how important it is to be aggressive even if you are facing a first time DUI charge and will attack your case on several grounds.
Probable Cause
The State must prove that you were operating a vehicle as one of the elements of the defense. In some cases, the officer arrives at the scene when your vehicle is stopped, such as at an accident. The State must be able to put you behind the wheel.
If the officer made a traffic stop, there must be a valid, legal reason that can be supported by law. Sometimes officers make traffic stops based on suspicions, or asks you to take sobriety tests without first having probable cause. In those cases, all evidence that comes in after will be suppressed.
Sobriety Tests
Any officer who gives sobriety tests is required to be trained, and must administer the tests in a certain way. They must give instructions in a certain way, and the conditions must be favorable so that a normal person could perform them. Officers must take your physical condition into account, as certain conditions may make it difficult for you to perform the tests.
These and other requirements may make your sobriety tests invalid, so your attorney will carefully examine the video and the officer’s notes to make sure that procedures were followed exactly.
Other Procedural and Evidentiary Problems
The State could also encounter many other legal problems when trying to prosecute your case. An experienced attorney may find problems in the blood testing, or a technical issue with the chemical testing device. There is a strict time requirement for when they are allowed to collect physical evidence from you. If you made a statement or asked for an attorney, there are other requirements officers must abide by.
At Horan Law Offices, P.C., we examine every case thoroughly in order to find any mistakes that were made by law enforcement. We stay in touch with every client, making sure that we understand the facts and issues of your case. The burden of proof is on the State, and if the State cannot prove every element of the crime they are accusing you of, you will win your case.
