Question By: Driving Under the Influence (DUI) charges can have serious consequences, ranging from fines and license suspension to potential imprisonment. For individuals facing DUI charges, hiring a skilled DUI lawyer is often crucial to building a robust defense. One key aspect of this defense strategy is challenging the evidence presented by the prosecution. Delve into the methods employed by DUI lawyers to challenge the evidence in DUI cases.
Questioning the Legality of the Traffic Stop:
DUI lawyers often begin by scrutinizing the initial traffic stop. If law enforcement did not have a valid reason to pull over the defendant, any evidence gathered thereafter may be deemed inadmissible. Lawyers assess whether the stop was based on reasonable suspicion or probable cause, ensuring the protection of the defendant's Fourth Amendment rights against unreasonable searches and seizures.
Examining Field Sobriety Tests:
Field sobriety tests, such as the walk-and-turn or one-leg stand, are commonly used by law enforcement to gauge a driver's level of impairment. DUI lawyers meticulously review the administration of these tests, looking for factors that could lead to false positives. Issues such as poor weather conditions, uneven terrain, or physical conditions unrelated to intoxication may compromise the accuracy of these tests.
Challenging Breathalyzer or Blood Test Results:
DUI cases often hinge on the results of chemical tests like breathalyzer or blood tests. DUI lawyers are well-versed in the potential flaws and inaccuracies associated with these tests. They may challenge the calibration of breathalyzer machines, question the qualifications of the individuals administering blood tests, or explore medical conditions that could impact the reliability of the results.
Analyzing Arrest Procedures:
The manner in which law enforcement conducts the arrest is another critical aspect of the defense strategy. DUI lawyers evaluate whether the arresting officers followed proper procedures, including reading the Miranda rights, explaining the consequences of refusing chemical tests, and ensuring that the defendant's rights were not violated during the arrest.
Evaluating Chain of Custody:
In cases involving blood tests, maintaining the integrity of the evidence is essential. DUI lawyers carefully examine the chain of custody for blood samples, ensuring that the samples were properly handled, stored, and analyzed. Any break in the chain of custody may raise questions about the reliability of the test results.
With 30+ years of experience, Milwaukee DUI Attorney Michael Hayes is Wisconsin's best DUI Attorney Milwaukee, covering OWI, Traffic & Criminal Defense. For more details, visit: https://michaelhayeslaw.com/
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