North Shore DUI Defense Attorney

Challenging the Evidence

When you have been arrested and charged with a DUI offense, you are probably worried and frightened about what the future is going to bring.  Without the assistance of an experienced and aggressive North Shore DUI Defense Attorney, you are risking your future.  Your North Shore DUI Lawyer will aggressively challenge the evidence against you.  These court challenges, when successful, often result in the suppression of the evidence against you and a case dismissed.  These actions are legal filings and not something that an individual knows how to accomplish.  That is why it is crucial that you have legal representation from a DUI Defense Lawyer as quickly after the arrest as possible.  Some of the types of challenges that could be filed on your behalf include:

Probable Cause - Did law enforcement actually have probable cause to pull you over?  Were you actually driving safely and within your lane and the speed limits in the area?  If you were pulled over and there was no real probable cause, the evidence against you can be thrown out of court.

Field Sobriety Tests - These tests are well known to be less than scientific.  Failing the test is based on the observation of the officer administering the test, and there are multiple reasons other than intoxication that could cause someone to fail to walk in a straight line or other test.  Often these are administered incorrectly and they can frequently be easily challenged in court.  They are known to have a fairly low level of accuracy, even by the National Highway Transportation Safety Administration.

Breathalyzer Tests - Breathalyzer tests are not always accurate.  The equipment could be improperly calibrated or had not had the required maintenance, or have had a history of malfunctioning.  Even when the test is administered correctly (which is also open to challenge), there is quite a high rate of error.  The level of alcohol measured in the system of the individual can vary by 15% compared to the actual alcohol level.  These results can be challenged on your behalf.  A successful challenge usually results in a case dismissed.

Police Reports - Police often write reports that include items like "bloodshot eyes" as an indicator of intoxication.  This can be caused by allergies, contacts or other reasons.  In fact, some people always have bloodshot eyes.  They may mention "the smell of alcohol in the vehicle".  This smell can remain in a vehicle after you have dropped off a friend who had been drinking.  It does not always indicate intoxication!  It may be possible to challenge the police report, and this can be extremely helpful in your DUI defense case.