Steps to Take After Being Charged With A DUI Offense
With the holiday season in full swing, the urge of some motorists to get behind the wheel while intoxicated leads to many DUI arrests in the state of Rhode Island. From Thanksgiving through New Year’s Day, it has been reported that there is a 22% increase in DUI offenses. The National Institute on Alcohol Abuse reports that approximately 25,000 motorists are injured each holiday season because of accidents involving alcohol. If you do find yourself in the unfortunate circumstances of being charged with driving under the influence, there are steps that should be taken right away.
Should I Speak To An Attorney?
It is crucial that you speak with an experienced and qualified attorney as soon as possible. It is important, also, when choosing an attorney that they have a successful reputation when dealing with other DUI clients. Before speaking to police for any reason related to your arrest, it is advised that you gain your lawyer’s representation first.
Can I Fight A DUI Charge?
The answer to this question is a resounding YES. Some of the defenses utilized in fighting a DUI charge include:
1. Unlawful Arrest: This defense concentrates on the idea that the police officer who pulled you over had no probable cause to arrest you. For the police to be guilty of an unlawful arrest, it must be proven that the police acted without authority while in the process of arresting you, or were going beyond the normal scope of their policing powers.
2. Fourth Amendment Violation: Much like the unlawful arrest defense, this defense calls into question your constitutional rights. The Fourth Amendment protects the citizens of the United States from any unwarranted traffic searches, stops and additional seizures. For example, when the police administered a blood test without a warrant, there may be Fourth Amendment issues present. This defense has been the issue of numerous DUI cases.
3. Inaccurate Blood-Alcohol Tests: With all of the procedures that take place during your initial arrest, it is very easy that inaccuracies or mistakes could lead to a false-positive result causing charges against you.
4. Chain Of Custody Of Blood Test: Much like the previous defense, this defense raises concerns about the evidence of your DUI, and whether or not it is possible that the evidence was tampered with or mishandled in any way by the police. Although not as common as the other defenses, this still can lead to a dismissal of your case.
Source: www.scramsystems.com/holiday-drinking-and-duis-resources-from-scram
Contact RI Criminal Defense Lawyer Craig Hein
Attorney Craig Hein has been successful in defending those who have been criminally accused. Craig’s style is both aggressive and steadfast. From your first conversation with him, you will realize both his capability in the court room and ability to alleviate much of your stress. Craig has made a living out of turning problems into solutions and does not rest until he does everything possible to achieve a desirable outcome. For a free consultation please call 401-619-7214.