A Defense Attorney Can Show Clients How to Beat a DUI in Charleston

by | Jul 14, 2016 | Legal Services

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Being charged with DWI may feel like the end of the world, but it doesn’t have to be. A defense attorney can help in many ways, and the faster one decides to schedule a free consultation after an arrest, the more likely they are to get the case dismissed. Below are several tips on how to beat a DUI in Charleston.

Illegal Stops and Searches

Drivers may not be stopped unless an officer has probable cause to believe they’re breaking the law. Weaving down the road without crossing the center line isn’t illegal; one can’t be stopped and searched for it. A lawyer can point out flaws in the officer’s apprehension and search methods.

Inaccurate Field Testing

People with medical conditions, those who take medication or are overweight, and those over 65 cannot be properly assessed by conventional field sobriety testing. These tests are sometimes inconclusive in healthy people as well, and they are considered inaccurate by the government and by medical science.

Inaccurate Breathalyzer Results

Although breath analysis is a good way to measure BAC, it’s subject to errors that can render results inadmissible. Factors such as illness, the environment, the arrestee’s physiology, and even mouthwash can make results very unreliable. One should take several deep breaths before blowing into the Breathalyzer to calm themselves and lower their breath alcohol level.

Videos from the Booking Room or Squad Car

Many departments videotape suspects when their speech and balance are within normal parameters, and the evidence can contradict an officer’s testimony.

Inaccurate Blood Testing

Police cannot force a DWI suspect to give a sample of blood if no injuries occurred. If blood is taken by force, testing results are rendered inadmissible. Blood samples must be taken by a trained individual, and in many cases police testing doesn’t follow rules of analysis, testing, or preservation. Improper storage of samples can result in an inflated BAC and the invalidation of the test.

These are only a few of the defenses a local DWI lawyer can use to fight for a client’s rights, driving privileges, and freedom. Getting a DWI may be a frightening prospect, but hiring a good attorney can help one learn how to beat a DUI in Charleston.