A drunk driving arrest can wreak havoc on a person’s life. First, they will lose their license for a while, which can be very inconvenient. Next, they will be required to attend alcohol abuse classes. Finally, there are expensive fines involved after a person is found guilty of drunk driving. If a person is arrested for drinking and driving, they should hire a DUI defense attorney in Lancaster County, PA. There are a few ways that an attorney can try to fight the charge. Read on to find out.
Question the Validity of the Traffic Stop
An attorney can use the police report to question the validity of the traffic stop. For example, if the driver swerved, the attorney could argue that they were swerving to avoid an animal or an obstacle on the road. If the attorney can prove that the driver was pulled over for no reason, the traffic charges would be dropped. In some cases, the drunk driving charges can be dropped as well.
Question the Validity of the Breathalyzer
If the driver failed the breathalyzer, the attorney can question the validity of the test. They could argue that the device was not properly calibrated when the test was administered. They could also argue that the driver had just used a mouthwash that contains alcohol.
Question the Validity of the Field Sobriety Test
If a field sobriety test was performed and the driver failed, the attorney could question the validity of the test. They could blame the failure on an injury, on the condition of the road, or the shoes that the driver was wearing. If the attorney can prove that the driver couldn’t pass the test due to any of these reasons, the charges could be dropped.
Question the Police Report
If the police report stated that the driver’s eyes were red and bloodshot, the attorney could argue that the driver has allergies or that they were recently crying. If the report stated that the driver was slurring, they could argue that the driver had recent dental work or an injury. If the attorney can create doubt in the police report, the charges could be dropped.
If a person is arrested for drunk driving, they should hire a DUI defense attorney in Lancaster County, PA. For more information, contact The Law Office of Melissa R. Montgomery.