Challenging an Unlawful DUI Arrest

by ShelbyW on January 14, 2013

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While everyone would like to believe that law enforcement officers don’t make mistakes, the fact is, they do, especially in DUI cases. In addition, some law enforcement officers even willfully break the law in order to make a DUI case, and when this happens, it can not only be difficult to prove, but it can also create havoc for the target of the illegal activity.

The Effects of a DUI

Being convicted of a DUI comes with many consequences, including the loss of your ability to drive, heavy fines and fees and a variety of obligations that must be met before your driving privileges will be reinstated. Many drivers who are convicted of driving under the influence will also face jail time, community service, alcohol education classes, alcohol assessments, restitution payments and more. As a result, this can also lead to stress and pressure, which can ultimately turn into depression and anxiety.

Playing By the Rules

Because of the severe consequences that come along with a DUI conviction, it’s important to make sure that everyone involved in your case is and has been playing by the rules. As mentioned, unfortunately, some law enforcement officers don’t play by the rules, and this can mean trouble for someone charged with a DUI. Whether it was a simple mistake or a willful violation of the law, you need to be able to investigate the circumstances surrounding your DUI arrest and processing to ensure that you are being treated in a legal and ethical manner.

Reasons to Challenge a DUI Arrest

Like every other criminal investigation and arrest, an investigation and arrest must be carried out according to certain standards and protocols set forth by the state in which the arrest takes place. For example, before a person is arrested for breaking the Walnut Creek DUI laws in California, they will likely be given a Breathalyzer test and a series of field sobriety tests to check for intoxication.

If the Breathalyzer machine is not properly calibrated, or if the field sobriety tests are not carried out correctly, the results may be skewed, and this can lead to an improper arrest. It’s also important to remember that law enforcement needs a reason to stop you to check for intoxication. If you were simply stopped because the officer felt like stopping you, then everything that took place from the moment of your stop going forward, including your arrest, is invalid.

Going to Court

In most cases, barring something completely egregious that needs to be addressed immediately, you will likely need to challenge your arrest in court. To do this, you will need to have a keen understanding of the traffic and DUI laws in your state, and you will need to be able to investigate and gather evidence from your arrest to prove your case before a judge.

Unfortunately, this can be difficult to do if you have no experience, especially if you’re sitting in jail awaiting your trial. As a result, most people recommend that drivers who have been arrested for driving under the influence seek out the services of DUI attorneys for assistance. A DUI attorney will be able to help you challenge your arrest and charge in court, and he or she can also assist you in researching laws and gathering and presenting evidence.

Legal researcher and author Shelby Warden writes articles to keep the public informed of their rights. The Walnut Creek DUI attorneys at Johnson & Johnson have an excellent record of winning DMV administrative hearings in California. They regularly represent DUI clients in court and have won many cases in the motion stage, including some that other firms would not even view as having a basis for a motion.

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