Despite the fact that Americans have been campaigning against drunk driving since the early eighties, there are still those who excuse themselves from breaking such a serious law. For this reason, police are constantly vigilant for those who may be operating a vehicle under the influence. Yet, this is not to say that if you are arrested for such a thing that you are necessarily drunk. Each case is different, and unique. If your case is one of the exceptions, you may require a DUI lawyer.
The great thing about having a DUI lawyer is that he knows exactly what must be done and how to go about doing it –properly. As the DUI lawyer has experience with this specific form of case, he will be able to do his job expediently while giving you a feeling of relief knowing that someone is on your side.
One of the first things that the DUI lawyer will look for is whether you were in any way deprived of your constitutional rights. This can mean something as simple as not being read your Miranda Rights, or being arrested without being first given a breathalyzer test. This may also apply if there were any known discrepancies with the breathalyzer or other means of determining your blood to alcohol level. For instance, maybe a model of breathalyzer was utilized which has proven to be defective, often giving readings that are much higher than they are in reality. Your DUI lawyer will be looking for just this sort of discrepancy.
The simple fact is that the police have a specific protocol to follow and if they do not it may infringe upon your basic rights, and this is unacceptable. Due to the complexity of drunk driving laws, there are many aspects that a DUI lawyer will look at to see if not only your rights were upheld, but also that the procedures that the police utilized to apprehend you were legal, and that every aspect leading up to and beyond the arrest was correct within the eyes of the law.
Many may find this a bit scandalous, thinking that DUI lawyers are simply “cons freeing the guilty.” However, the truth of the matter is more complex. Challenging the law and police procedures keeps the police “more honest.” At the same time those charged with DUI are simply exercising the rights granted by our constitution and subsequent, lesser laws.
Further, while a great many drunk drivers are certainly guilty, the fact is that there is a minority of cases in which the innocent are charged wrongfully. Such a case existed in Grand Rapids, Michigan in 1993. A man who was medicated was given an especially powerful dose by his caregiver, which affected his driving, unbeknownst to him. By weaving on the road he attracted the attention of a peace officer, who rightfully pulled him over. Yet, not being a doctor, the officer mistook the driver for inebriated, and so arrested him. Don’t let this be you.
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