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If you have been charged with a previous DUI, you need a top DUI lawyer in Baytown, TX, to help you stay out of jail. Driving while under the influence is a serious charge, and if this is your second offense you face stiffer penalties. While your freedom and driving privileges may be threatened, all is not lost. Here are some ways that experienced attorneys can help you argue your case. Sobriety Field Tests Were you asked to complete a sobriety field test? If so, were there mitigating circumstances that could have negatively affected the outcome? Many DUI attorneys argue the accuracy of field sobriety tests. For starters, not all officers follow the National Highway Traffic Safety Administration (NHTS) guidelines. These guidelines are put in place to ensure that all tests are conducted in the same manner across the board. If it can be proven that the officer administering the test did not complete the tests correctly, the results could be thrown out and not be used by the prosecution as evidence of intoxication. An experienced lawyer may also argue that the tests were inaccurate due to medical conditions or extenuating circumstances that made it impossible for the accused to pass the tests. Here are some examples that could be supported by this argument: - Individuals asked to walk in a straight line that have balance issues due to a medical condition may fail this test.
- Individuals wearing inappropriate shoes may fail the test such as those wearing high heels or other shoes that may affect balance.
- Uneven road surfaces can also be a mitigating factor when arguing that the test was biased against the accused.
Unlawful Traffic Stop Law enforcement officers cannot pull a person over without reason. As with any sort of “criminal” activity, police officers must have a reasonable suspicion that a crime has occurred or is in process. This reasonable suspicion includes DUI stops. Most individuals arrested for driving under the influence were pulled over because they failed to adhere to basic traffic laws such as the following: - Failing to yield
- Running a stoplight
- Failing to stop at a stop sign
- Weaving in and out of traffic lanes
- Operating a motor vehicle without lights
- Driving very slowly or very fast
There are a number of reasons that a police officer can pull someone over and determine if he or she may be under the influence, but there are instances when it can be argued that a person was wrongfully stopped. In these cases, an experienced attorney will argue that if their client had not been wrongfully stopped a DUI arrest wouldn’t have proceeded at the stop. Even if the person was clearly driving under the influence, this is a valid defense that could get charges dropped. Selecting an Attorney Repeat offenders face an uphill legal battle. However, it is not a hopeless situation. While your case may not be able to be thrown out based on the previous defense examples, an experienced lawyer may be able to argue for reduced fines, no jail time (just probation), and maybe just a suspension of your license instead of complete revocation. For the best possible outcome, it’s important to hire an attorney experienced and considered the top DUI lawyer in Baytown, TX. You can find experienced attorneys by contacting the Bar Association or by gathering personal recommendation from others who have been in the same situation. When interviewing these attorneys, make sure that you feel comfortable with their strategy and their winning record. Attorneys that do not have a record of winning cases similar to yours should be dismissed as possible choices and you should continue your search.
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