Luchando Por Sus Derechos | Fighting For Your Rights

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Were there issues with the traffic stop that led to your DUI?

| Oct 15, 2018 | Firm News

When facing DUI charges, you understand the importance of defending yourself and fighting to protect your future interests. Even first-time DUI offenders in Texas can face serious consequences if convicted, and it is beneficial to start building a strong defense as soon as possible. One important element of a strong defense strategy is to examine what happened in the initial DUI traffic stop.

As part of developing your defense strategy, it can be helpful to evaluate the circumstances of the original traffic stop. Law enforcement needs specific reasons to pull a driver over, and failure to have valid grounds for a traffic stop could invalidate the entire case against you. There are also regulations in place for how they can deal with suspected drunk drivers and administer sobriety tests.

Did you experience mistreatment at your DUI traffic stop?

If there were issues during your traffic stop, such as invalid grounds for the stop or a violation of your rights, you could challenge the prosecution’s case against you. You have the right to carefully examine and present evidence for the sake of your defense. As you consider the traffic stop, the administration of tests and the interaction you had with law enforcement, it may be helpful to consider the following:

  • Police must have reasonable suspicion to pull over a driver. This includes things like swerving, speeding and all forms of erratic driving.
  • If the officer has reason to suspect the driver may be drunk, he or she can have the person submit to certain sobriety tests, such as walking in a straight line.
  • If the driver fails the field sobriety tests, the office may have the driver submit to a chemical test of his or her blood to determine blood alcohol content.

Invalid grounds for the traffic stop, violation of your rights or improper handling of the blood or urine sample during a chemical test could be important parts of your defense.

Why experience matters

When it comes to your DUI defense, there is significant benefit in working with an attorney who understands your personal rights and how to protect them. If there are problems with the case against you, the experience of your legal counselor can have a significant impact on the outcome of your case. With much at stake, you may find it prudent to start developing your defense by reaching out first for a complete evaluation of your case.