If you have been pulled over for a DUI, but you believe that you are innocent in the situation, there are a few ways that your DUI attorney can help you prove it in court. When you have been pulled over for a DUI, there are a few things that may have been inaccurate that a DUI attorney can gather evidence for. Here are four types of defenses that a DUI attorney can help you to establish:
- Rising Alcohol Defense: The blood alcohol content level in your body rises over time after you have been drinking. Because of this, your attorney can help you establish a rising alcohol defense. This would only be the case if you were pulled over, taken to the police station, and then had your blood alcohol content level tested. In this situation, you could argue that the level has risen by the time you reached the police station.
- Heartburn: Acid reflux, which is a common symptom of heart burn can make blood alcohol content levels appear much higher than they really are after you have been drinking. If you suffer from heartburn, it will have to be proven by your doctor in order for your attorney to establish this type of defense. It will also have to be proven that you suffer from heartburn frequently and that you were not drinking enough alcohol at the time in order to have a high blood alcohol content level.
- Fourth Amendment Violation: If the police had no reason to pull you over and test your blood alcohol content, then your charge can be dismissed based on a fourth amendment violation. Your DUI attorney can help you put together your argument for the lack of reasoning the police had for pulling you over in the first place. This will usually have to be established based on the ticket that you receive from the police. If there were no other violations, then there was likely no reason they pulled you over in the first place.
- Inaccurate: Results from blood alcohol content tests can be inaccurate. Your attorney can help you determine whether or not the testing procedures were done correctly. If there were any flaws, then your case could be dismissed. Another reason for dismissal could also be if you were pulled over near a gas station or you have been working with paint because these chemicals can alter results, as well.
By knowing some of the defenses a DUI attorney, like http://www.hartlawofficespc.net, can help you establish, you can better determine why hiring one in the first place may be the best option.