Regardless of the kind of case that you have before you, you generally have two ways of dealing with it – work on lessening the degree or severity of your infraction, or stand your ground and present evidence to prove that you are not guilty. No matter which of this angle you decide to go with for your case, you would definitely need the services of a DUI attorney. In most cases, your DUI defense lawyer would walk you through different ways on how to deal with your DUI charge.
Challenging the Field Sobriety Test
Most states make use of the Field Sobriety Test in order to determine whether you are drunk. Depending on the state you are in, you might be required to do a walk and turn, as well as stand on one leg. Now, while most types of field sobriety tests have been approved by the National Highway and Traffic Safety Administration, your DUI attorney in Federal Way would tell you that there are several factors that could lead to a false positive. This would include obesity, weather condition, unstable footwear, and the presence of any medical condition that can affect your coordination. If you have any of these conditions, you may be able to make use of it in order to show that you are not under any kind of influence.
Challenging the DUI Checkpoint Arrest
Your DUI defense lawyer might also help you in challenging the DUI checkpoint arrest. This can be your fallback especially if your privacy was not ensured throughout the duration of the stop, or if there is no appropriate lighting and prior roadblock notice along the road you are on. If the proper procedure was not maintained by the traffic enforcer, you might be able to have your DUI charges dropped.
Similar to this is the failure of the officer to read you your Miranda rights, regardless whether your BAC level is beyond allowable limits. When this happens, any result of the breathalyzer or the blood and urine test might be rendered inadmissible in court.
Challenging the Breathalyzer
There are a number of factors that could result to a false positive in a breathalyzer. For example, an improperly maintained breath test kit can lead to a wrong reading. This is also the case if the equipment has not been calibrated properly or if you happen to have a medical condition. If you are the type of person who use mouthwash on a regular basis, there is a high risk of your registering an above average BAC.
Sources:
(How To Beat A DUI, http://duiwise.com)
(Tips on Improving Your Situation Before DUI Court, http://criminal-law.freeadvice.com)
