A DUI/DWI attorney from Kingsford Law Offices can advise clients of potential defenses that may apply in their case. He or she will assess the case against the defendant and the evidence that is likely to be used against him or her. Some defenses that a DUI/DWI attorney from Kingsford Law Offices may raise include:
Breathalyzer Issues
Breathalyzer machines must be carefully maintained in order to provide accurate results. They must be re-calibrated so often. A criminal defense lawyer can review information related to the machine to see if it may have provided a false positive. Additionally, a criminal defense lawyer can assess whether the person who operated the Breathalyzer was properly trained and performed the test correctly.
Blood Tests
Some DUI cases are supported by blood test results. A criminal defense lawyer can assess all aspects of the blood draw and test for any irregularities. The blood sample must have been taken within two hours of the arrest. Additionally, the chain of custody of the blood sample must remain intact. If procedural safeguards were violated, the blood test result may not be credible.
Field Sobriety Inconsistencies
If a defendant performed field sobriety tests and failed them, this may be used as evidence against the defendant. However, there are many reasons why a defendant may “fail” such tests that have nothing to do with intoxication. For example, field sobriety tests require close adherence to the procedures that implement them. If a law enforcement officer is not trained in this area or lacks experience, he or she may not conduct them correctly. Additionally, problems such as language barriers, medical issues, fatigue or even uncomfortable shoes can affect the results of these tests.
Bad Stops
A criminal defense lawyer will also assess whether the initial stop was bad in order to move to dismiss any evidence that was acquired after this point.