Facing drunk driving charges can be stressful and embarrassing. You may be feeling like you have no choice but to accept the charges and move on, but doing so can rob you of a critical process that could affect your future and freedom: a thorough investigation.
DUI charges at a glance
When a police officer suspects a driver is under the influence, they will conduct a traffic stop. The officer looks for signs of intoxication, including slurred speech or the smell of alcohol. If the officer believes the driver is drunk, they can arrest the driver and take them to the police station.
At the police station, officers may conduct further testing. This usually includes a breathalyzer test to measure blood alcohol content (BAC). In some cases, drivers undergo blood or urine tests. These tests typically create the foundation of the case against an alleged drunk driver.
Formal DUI charges can follow. The charges will depend on the officer’s observations and any preliminary tests conducted at the scene.
However, each of these processes and details warrants scrutiny as part of a DUI defense. Failing to conduct a separate investigation with an attorney can leave drivers saddled with unnecessarily harsh penalties and unfair outcomes.
Investigation elements
If you are accused of drunk driving, challenging the evidence against you is essential. A thorough DUI investigation will look into several key elements:
- Officer’s observations: Were inconsistencies or biases affecting an officer’s judgment? Did the officer accurately note signs of impairment?
- Field sobriety tests: Did procedural errors or environmental factors, such as uneven ground or language barriers, affect the results?
- Chemical tests: How accurate are the breath, blood or urine tests police administered? Was the equipment correctly calibrated and maintained?
- Witness statements: Are there passengers or other witnesses with alternate recollections contradicting the officer’s account?
- Video evidence: Does footage from dashcams or body cameras conflict with the officer’s report?
These crucial details can be ignored entirely without a thorough investigation as part of a DUI defense.
Importance of a vigorous defense
Skipping or rushing through the investigation process can be detrimental. A strong defense can challenge the evidence and potentially reduce or dismiss the charges. It’s vital to take the time to investigate all aspects of the case thoroughly.