If you are arrested and charged with DUI, you may not know where to begin
or how to plead your case. For this reason, many people think that they’re
better off just pleading guilty and accepting the consequences. Before
doing this, it’s strongly advised that you speak with a Bryan DUI
attorney. An experienced lawyer will be familiar with the finest nuances
of DUI law and can help you fight back to clear your name in ways you
did not necessarily know about. Let’s take a look at three of these
effective arguments now.
Challenging the Legality of a DUI Stop
Police cannot pull you over without a reason for doing so, otherwise known
as “reasonable suspicion.” If the stop is legal, the police
have a right to briefly detain you to determine whether or not a crime
has occurred. However, if there is no reasonable suspicion, then the stop
is not technically legal. An illegal stop technically means that all evidence
acquired from that stop is not admissible in court, which means that your
prosecution likely has no case against you and your charges will be dropped.
Challenging the Legality of a Checkpoint Arrest
DUI checkpoints are effective tools for police to use when trying to arrest
drunk drivers, but their legality or Constitutionality under the Fourth
Amendment has been challenged numerous times and today they are still
controversial. Their legality has been upheld by the Supreme Court, but
if certain protocols are not followed, then the entire checkpoint itself
could have been illegitimate and thus the evidence against you is inadmissible.
Challenging the Results from a Breathalyzer
Many people are not aware that the results of a breathalyzer are not always
accurate. While their accuracy is certainly better than they were say
50 years ago, there are a number ways in which a person’s blood-alcohol
reading can be elevated that do not involve actually consuming alcohol.
An improperly maintained breathalyzer, a poorly-administered test, and
even the use of mouthwash or other over-the-counter hygiene products can
all fool a breathalyzer into giving an inaccurate reading.
Speak with an Attorney Today
If you have been arrested for DUI, these are just a few of the strategies
a skilled attorney can choose to take when they represent you in your
DUI hearing. An experienced lawyer can help you stand up for your rights
and put the law on your side when arguing against your prosecution.
The Law Office of Shane Phelps, P.C., we offer aggressive, individually-tailored legal defense for those who
are accused of DUI. Our substantial record of success and client service
has earned us numerous industry accolades, including being named a Board
Certified Criminal Law Specialist by the Texas Board of Legal Specialization.
We work with you directly all throughout your case, from the moment you
call for your consultation until the judge issues your final verdict,
and we are available to assist you 24/7 and to make sure your needs are met.
Are you facing DUI charges? Call The Law Office of Shane Phelps, P.C. today
at (979) 773-7028 and get a
free case evaluation!