Being arrested for a DUI doesn’t automatically mean the defendant will be convicted. A conviction requires proving beyond a reasonable doubt all the elements of the crime, so disproving even one element is sometimes enough to prevent the charges from sticking. Read on to find out how to fight Operating Under Influence Charges in Lafayette LA.
Lack of Probable Cause
To convict a driver of operating under the influence of drugs or alcohol, the prosecutor must prove that the arresting officer had probable cause for pulling him or her over. If the officer did not witness the driver’s intoxication or have evidence that his or her driving violated the law, the prosecutor cannot prove that there was probable cause for the traffic stop.
Police Officer Mistakes
The arresting officers must follow all relevant laws and regulations. In Louisiana, it’s illegal to use anonymous tips as a reason to pull someone over for a DUI. It’s also illegal to keep drivers detained for too long.
It’s sometimes possible to fight Operating Under Influence Charges in Lafayette LA based on the arresting officer’s mistakes. A lawyer can evaluate all the officer’s actions to find out if he or she violated the driver’s rights.
Improper Field Sobriety Test Results
Officers need to have warrants or strong evidence of intoxication before requesting field sobriety tests. They’re not allowed to threaten drivers to coerce them into performing these tests, and the officers must be able to show that they were justified in requesting them. If these standards were not met, the results of the field sobriety test may be inadmissible in court.
Breathalyzer Test Errors
It may seem like breathalyzer results are definitive, but this isn’t the case. Some medications cause inaccurate results, and the machines can malfunction or be calibrated incorrectly. Officers must give the breathalyzer test within a certain time frame after the initial stop, so if they waited too long, the results may be inadmissible.
Get Help Now
It should be clear by now that most defendants charged with DUIs stand a chance of being acquitted even if the evidence seems to be against them. It’s unwise for those who have substantial evidence proving that they were not intoxicated to represent themselves, though. Instead, visit Chrisrichardattorney.com to learn about one local law firm that can help. You can also watch video on their YouTube channel.
