The Story You Must Tell When Fighting DUI Charges
If you have been charged with a DUI, you might think the fact that you're innocent will help you with your DUI case. But what matters with a DUI is whether or not you can tell a convincing story of what happened and not whether you are guilty or innocent. A DUI attorney will be able to help you explain what happened and present evidence that proves that you are innocent.
The Story You Must Tell
The story that you tell needs to be comprehensive. You cannot simply say that you weren't drunk or tired. You must prepare to address every single accusation against you. Your story must also be presented simplistically and convincingly to a jury. Even if everything you say is correct, if the jury doesn't understand your points, they will not be convinced and might find you guilty.
The Theme of Your Story
Your argument must have a theme repeated several times in the courtroom. For example, if you have evidence that the breathalyzer was defective, this must be the foundation for your story.
Key Points to Make
The breathalyzer is a device used by a police officer at the scene of an accident that tests your breath for the presence of alcohol. It detects your BAC, and the officer can then use this as evidence that you were violating your state's DUI laws.
However, a breathalyzer test might not be accurate. They must be calibrated. Also, the officer might not have administered the breathalyzer correctly. However, to explain why the breathalyzer didn't work, you'll need to understand how breathalyzer tests work, the law, and how it applies to your car accident case.
Remember to Defend Your Rights
Not only will the breathalyzer need to function properly, but the officer must also administer the test in a manner that complies with state laws. For example, they must have probable cause before administering a breathalyzer test. This means the officer must have reason to believe that you were under the influence of alcohol.
There Might Be Issues with Other Tests
You might also have the right to a different test, such as a urine or blood test. If you are not offered one of these tests, your attorney might be able to file a motion to suppress evidence. If you do have one of these tests performed, your DUI attorney may discover that the test was not performed correctly.
For more information, contact a local DUI attorney.