People are not infallible, even when they work in a position of authority such as law enforcement. When police bring evidence or allegations to prosecutors and a DUI charge results, individuals who are charged might be able to protect their future and rights through strong criminal defense strategies that include investigative approaches.
Knowledgeable attorneys know how to ask questions and seek information about specific charges and situations that led to those charges. For example, in many cases, police stop a person for either suspected drunk driving or for another issue altogether. During the stop, police might suspect that a person is drunk and use field sobriety tests to find out whether those suspicions are founded.
The stop is the first place that fallibility might occur. In most cases, police cannot stop someone without probable cause. That means police must have a valid reason to suspect the person is driving under the influence or they must have another reason to stop them. Other reasons might include a traffic violation or an issue with the vehicle. If a defense attorney can show that law enforcement engaged in an improper stop, then it becomes more likely the charges will be dismissed.
Defense attorneys might also question how police conducted field sobriety tests and what equipment they used. Failure to follow through with tests appropriated or a possibility that equipment might be malfunctioning could be ways to argue that a DUI charge is inaccurate.
To engage in such defense strategies, you need in depth knowledge of the process police and other officials usually take to reach a DUI charge. Our office understands these processes and can use legal investigative tools to find out if a possible error or improper stop occurred.