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DUI Defenses

Being faced with a DUI charge doesn't have to be a hopeless situation. There are available options for many individuals suspected of drinking and driving and it is possible to effectively fight a charge. Depending on the situation there are various ways to go about defense but working with a Kansas City DUI lawyer is an important aspect of a case. Attorney Steve Schanker has defended many individuals against allegations and he is able to assess their case to develop can strategy to have charges reduced or dismissed. The following are some common reasons for why a DUI charge, but there are many more reasons for why charges may need to be dismissed.

An officer may pull you over for suspicion of drunk driving because you are driving fast or you made a lane change that was not the safest. Does this mean that you were under the influence of alcohol just because it was late and your driving could have been better? Many people make these errors without being intoxicated and a traffic violation is far different thing to face than a drunk driving charge. An officer also needs to pull you over with valid reason. They are not able to just pull over any person for no reason and it needs to be shown that there was probable cause. An officer knows certain protocol needs to take place, including having probably cause or reading an individual being arrested their Miranda rights. If protocol is not followed then it is possible to bring this fault up in the charges.

In addition to looking at your driving, once you have gotten out of the car, an officer will already be inspecting your speech, appearance, stability, ability to listen and respond, amongst other factors. They may view different indicators as a sign that you are intoxicated without considering the other options. Some people suffer from nerves when they are asked to submit to a Field Sobriety Test and this can make it difficult for them to listen to instructions and carry them out. They may stutter when trying to speak. They can have trouble balancing and can forget a detail. Others may be faced with allergies and this can give them watery eyes and a red face, symptoms that can also be present in someone who has been drinking. There are many influencing factors that need to be taken into consideration during an assessment as the results can heavily impact the person that is being questioned.

An officer may smell that a person has alcohol on their breath, but having one drink isn't illegal so this shouldn't be a sign of a guilty person. They may be subject to a Horizontal Gaze Nystagmus text but they are in the direct path of oncoming traffic and lights. These lights can cause them to squint, blink or even influence their eye movement, which could ultimately skew the results of the text. A Field Sobriety Test can be a very accurate exam, but that does not mean that the results are always 100 percent. In addition to the influencing factors, an officer might not be trained as well as they should be and the error may come in how they administer it. They may also not have had a long enough observation period that allowed them to more confidently conclude the results. Many times an officer can have their mind made up before the suspect is given a chance to prove their side. They can be viewed as guilty even if they were only assessed by the arresting officer a short period of time.

In addition to a FST, a chemical test can be administered as well to evaluate a blood alcohol content (BAC) level. The devices that are used for this can error and may deliver false results. An officer may also fail to administer it properly. Sometimes having just used mouth wash can influence these results as well. For those who are not tested until they are taken into custody and brought to jail to be tested, this is not always an accurate indicator of your BAC at the time you were driving. You may have just had alcohol and your BAC was rising but was not illegal at that time. By the time you are taken to the jail, it could be higher than it actually was. This does not have to mean that you were breaking the law by being over the limit now if you were not over the limit when you were actually behind the wheel. It is important to remember that BAC is giving an estimate but that does not always mean that it is accurate. Having an attorney defend you can be a deciding factor in your case. There are many skills that they possess and this can be crucial to turning the situation around. They understand the steps to take and have worked with these cases before so they will likely know the angles that the opposite side may attempt. Find out more through contacting office immediately after you are arrested.

Categories: DUI
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