If you were arrested for DUI in Boise or anywhere else in Idaho, you may face a string of charges connected to drunk driving. In the more serious scenarios, you may even face a felony charge which can have a long-term impact on your life. This is why it is important to consider effective defense in DUI cases.
The good news is that being arrested for DUI doesn’t always mean you will be charged as well. In fact, with the help of a good Boise DUI attorney, it is possible for you to put up a good defense and have the charges dismissed altogether or get them significantly reduced.
When dealing with DUI cases, here are some of the most common defenses that can be used by a good DUI attorney.
No Viable Reason to Stop
A law officer is not allowed to stop you at their own discretion. Instead, they must have a genuine reason to suspect you before they make a stop. If an officer claims that your vehicle looked suspicious, this can’t justify a traffic stop. However, there are legal grounds which do allow an officer to stop your vehicle. If you are found driving recklessly, do not have the requisite equipment such as a headlight, or if your vehicle matches the description of a car that has been used for a crime, you can be stopped. Similarly, an officer has the right to stop you at a DUI checkpoint.
If the traffic stop at which you were arrested for DUI didn’t meet the legal grounds listed above, it is very possible to question the very premise of your arrest in a court. DUI cases have been dismissed for this reason before.
Field Sobriety Test Was Inaccurate
A field sobriety test is a standard procedure used by law officers to judge whether or not a person is drunk. Before the test is conducted, it is essential for the officer to explain to you how it works. The officer must also interact politely and without disrespecting you. If the field sobriety test is not properly conducted, your lawyer can ask a court to have it dismissed. In case the test was not performed under standard circumstances, the results of the test can also be questioned.
A field sobriety test is often the foundation of a DUI arrest. If the test’s results are dismissed, it may be possible to have the charges against you dismissed as well.
Breathalyzer Results Were Inaccurate
A portable breathalyzer is typically used on the scene of a DUI stop to determine your blood alcohol. If the blood alcohol content (BAC) is found to be above the legal limit, this becomes a justification of the DUI arrest.
However, a breathalyzer can often yield inaccurate results for a variety of reasons. For instance, if you have recently vomited, have stomach acidity or another metabolic problem, this can cause the breathalyzer to inaccurately report a high BAC.
During the hearing of DUI cases, your lawyer can argue that the breathalyzer test was not conducted properly or the results of the test were inaccurate for the reasons listed above.
Miranda Warnings Were Not Issued
When making a DUI arrest, an officer must inform you about your Miranda rights. These include the right to remain silent, the right to an attorney and the right to a court-assigned counsel. An officer must clearly pronounce these rights to you. If the Miranda rights are not stated, any subsequent incriminating statements you make or tests that are conducted may be dismissed by the court altogether.
Improper Handling of Blood Alcohol Samples
A blood draw is sometimes performed by law officers for alcohol testing purposes. The actual test may be performed a few hours or days later. During this period, the blood must be properly stored. The test must also be performed at the earliest. Any unwarranted delays in testing can cast doubts on the veracity of its results.
Hiring a Reliable Boise, ID DUI Defense Attorney
If you have been arrested for DUI in Boise, ID and believe that your arrest was not fair, you must speak to a reliable attorney. A good attorney will closely examine the evidence surrounding your case and come up with a defense that is effective.
Here at Aaron Hooper, Attorney at Law, we have handled countless Boise DUI cases over the years with success. Our aim with each case is to make sure the due process of law is observed and to avoid unfair convictions. To this end, we put up a robust defense for DUI cases. Get in touch today to discuss your DUI case with us.