If you were pulled over by a traffic cop under the suspicion of driving under the influence (DUI) and you failed the breathalyzer test, you may be feeling pessimistic about your chances of winning the case in a courtroom. According to an Orange County DUI attorney, most people tend to believe that failing the breath test is enough to be convicted. However, the truth is that it is possible to win a DUI case even with a failed breathalyzer test. What most motorists fail to realize is the fact that a breath test doesn’t always provide sufficient evidence in court. Here are some tips to help you win your DUI case.
Use the No Probable Cause for the Stop in Your Defense
The traffic officer must have what is referred to as a probable cause to stop or take you to custody for driving under the influence of alcohol or drugs. If there was no probable cause for the stop, then all the evidence collected may be dismissed by the court.
The police officer must have a sensible belief or suspicion that you have engaged in crime before he/she requests you to pull over for the DUI investigation or arrest. It is this reasonable suspicion or belief that is referred to as probable cause.
If the officer lacks that probable cause, then all the evidence gathered as a result of the illegal process will be suppressed meaning that the prosecutor can’t use it against you. For instance, if you were driving at 3:00 a.m and you have committed no traffic offense, and you were simply pulled over for being on the road at that time, any evidence obtained after such a stop can be used against you.
Hire an Experienced DUI Attorney
The person you select as your Orange County DUI attorney can make a significant difference in your case. Keep in mind that you have a constitutional right to speak to an attorney for legal advice. The officer will not advise you to seek the services of an experienced DUI lawyer until he/she has collected all the evidence to be sued against you in the courtroom.
Upon arrest, you have a right to counsel. A DUI attorney will file every single motion available and challenge every piece of evidence presented against you. The lawyer will know when and how to turn up the pressure to the prosecutor in your case. Shop around when looking for a DUI attorney to increase your chances of winning the case.
The DUI Blood Test isn’t Always Accurate!
Some of the factors that could interfere with the results of your breathalyzer test include but are not limited to blood contamination, improper storage of your specific blood sample and blood fermentation. Depending on the unique circumstances surrounding your case, your Orange County DUI attorney could dispute the collection and storage of your blood sample hence excluding the critical BAC results from the evidence to be used against you. If the BAC results are suppressed, then you can be sure that you will win the case easily.