As we discussed in a previous post, not all DUI arrests are set in stone. There are several different ways in which the arresting police officer themselves can invalidate the case simply by mishandling the traffic stop or DUI checkpoint. Making arrests for driving under the influence results in thousands of dollars of fines that must be paid into the court, making each DUI arrest a very lucrative event for local government. To avoid being unfairly charged for this crime, it’s important to know exactly what’s expected of the arrested officer. Then, if you feel that they behaved improperly, consult with the experienced DUI defense attorneys at De Bruin Law Firm right away.
Misconduct In Field Sobriety Tests
“Please step out of the car, I’d like to perform a few tests.” These words strike fear into the heart of any driver, causing extreme anxiety and sometimes erratic behavior, even when no alcohol or other substances are involved! In order for a field sobriety test to stand up in a court of law, it must be administered in a very specific manner, with considerations taken for a person’s level of fatigue, health conditions, current environmental conditions, and/or the structure of the pavement. If you believe the arresting officer judged you unfairly during a field sobriety test, it’s important to let your DUI attorney know immediately. Improper conduct can provide a way for your defense attorney to prove that the test wasn’t reliable and should be dismissed.
No Probable Cause For DUI Arrest
As we addressed in a previous post, law enforcement officers must have reasonable suspicion in order to pull you over in a traffic stop. They cannot simply choose to pull you over for the fun of it. Even if they do have reasonable suspicion and perform a traffic stop, they can’t arrest you without probable cause that a crime has actually been committed. If you don’t believe probable cause was established, but you were arrested anyway, a DUI attorney can use this information in your defense.
Improper Administration Of Your Breath Test
If both reasonable suspicion and probable cause are present, a police officer can legally arrest you for a DUI. At this point, they will likely perform a breath test, with a tool commonly called a breathalyzer. However, as with DUI checkpoints, there are very strict rules governing the administration of a breath test. It’s important that you discuss the events preceding and following your breath test with your DUI attorney as soon as possible, while the details are still fresh in your mind. If you can’t speak with them right away, write the events down. Improper administration of a breath test is a strong defense in DUI cases.
How A DUI Defense Attorney Can Help
Hopefully, these posts about common police mistakes that can invalidate a DUI has shown you that the world isn’t necessarily over just because you were arrested for driving under the influence. People can be and are wrongfully convicted for this crime every day because these mistakes aren’t brought to the attention of a DUI attorney.
What will a criminal defense attorney do for my case?
Once I have evaluated your case I will provide you an overview of your case. This will describe among other things the criminal law process, how we will work together to navigate the criminal justice system, and what expectation I have for you as a client and what expectations you should have for me as your defense attorney.
What should my attorney do to prepare my case for trial?
I collect not only the evidence that the government is required to supply, but also gather my own evidence for your defense as well. I will talk to witnesses, look for other video from third party sources, and go to the scene of the alleged offense. I believe your case is far to important not to go the extra mile to insure we know all the facts for your case, to provide you the best possible defense.
What do I need to do to help my attorney defend me?
No one cares more about your case than you. While we prepare your case, we also prepare your for trial. The one thing we need most from you is total honesty. Remember, everything you and I talk about is confidential. I am on your side.
For Drug offense cases, we may require you to look into a rehabilitation facility. I have had client’s charged with drug crimes who unfortunately we suffering from serious addiction and needed help, not jail. When I was able to convince those clients to make the difficult decision and enter a rehabilitation facility it helped create a positive situation that made negotiating their case more favorable. Many criminal cases last over a year. If I can help get a client suffering from an addition on the path to recovery while defending them from their criminal drug charges, their future becomes much more optimistic, and often, so does their case. Changing your life prior to trial or before a plea will greatly decrease your changes of going to jail. We are here to help not only with your legal needs, but also to help you in life. We have seen success stories and want you to be one too.
How much does a criminal defense attorney cost?
Your attorney’s fees will be based on multiple things including but not limited to, the severity of the crime, the evidence against you, prior convictions, and the amount of jail time your are facing if convicted. For criminal defense services I charge my client’s a flat fee on almost all cases at the start of their case. Therefore, you know how much your case will cost on day one.
I also am aware that many people are unable to afford to pay thousands of dollars upfront. In order to better serve my clients I offer a payment plan option. If you’d like to see if you qualify for our criminal defense payment plan option please contact us by using our form, or call us directly at (864) 372-2896.
Who will handle my case?
How do you know the attorney you hire is the attorney who will represent you during the entire process? I personally guarantee that I will handle every part of your criminal case, you will not be passed of t a junior attorney.