Why do you need a lawyer for help when facing drunk driving charge? The chief reasons are – protection of your rights and preparation of defense. Only a lawyer has the knowledge and experience to understand which defense strategy may work in your favor under the circumstances.

What are the possible defenses in driving under influence (DUI) cases? Here is a quick look at some of these strategies.

Challenging the legality of the stop – the officer stopping and questioning a driver needs to have a ‘probable cause’ for doing this. If he/she is unable to provide such a cause, your Kissimmee DUI lawyer may be able to challenge the legality of the stop and suppress the evidence accumulated afterwards.

Challenging the administration or accuracy of the field sobriety tests – failing these tests may not imply drunk driving. It could be due to various other reasons – like physical disability, sickness, anxiety, and so on. Bad weather, slippery roads, and such other factors may also contribute to your failure.

Challenging the administration or accuracy of the breath or blood tests – the grounds for this could be anything – use of a faulty device, improper administration of the test, the time lapse between the driving and testing leading to rise in blood alcohol concentration, and such others.

Utilizing an affirmative defense strategy – your lawyer could also try to use a strategy where you admit the facts but present a reason your actions were excusable. For example, you were driving in such a state to avoid a bigger problem or you were not aware of the presence of alcohol in your drink.

Challenging the administering or handling of the evidence – this is a difficult one to establish. However, if your Chandler DUI lawyer has accumulated enough evidence or testimonials to support this, you may be able to avoid conviction. This would mean avoiding the penalties too.

There is no one strategy fits all when it comes to DUI defense. What you need is timely and competent legal help. Your lawyer can assess the facts, interpret the laws, and come up with the strategy that is more likely to work.

What constitutes a driving under influence (DUI) offense? If you think that it is as simple as drinking, driving, and facing an arrest, you may be mistaken. Various elements go into making such an offense. What constitutes an offense also depends on the state you live in, permanently or temporarily.

In most cases, the officer stopping and questioning an individual for DUI observes erratic behavior on the part of the driver. He/she assumes that the driver is drunk, and tries to ascertain this by questioning him/her, or asking him/her to submit to certain tests. If the officer decides to press charges, and arrests, it is time to get a DUI lawyer.

How do the state laws define the offense? Take for example the Arizona legal statutes in this regard. As per these, if you were driving or if you were in actual physical control of a vehicle, certain things are illegal. This would include –

• Impairment in driving because of the presence of alcohol and/or drugs
• Presence of particular drugs (mentioned in section 13-3401) or their metabolite
• Blood alcohol concentration is 0.08 or more in the person’s body

Evidence, testimonials, test results, and so on help establish your offense. If the prosecution is capable of establishing the offense, you are in trouble. It is imperative to get an Arizona DUI lawyer as soon as you face such charges. Proficiency in state laws is an essential for preparing defense.

You may not be able to get a lawyer at the time of stop and arrest. In such a circumstance, you need to know what to do. Keep in mind the following.

1. You may or may not choose to answer the questions. The prosecution could use these statements later to establish your offense.

2. You may or may not submit to the field sobriety tests and the physical tests. The objective is the same – to prove your offense.

3. You need to stay calm. Stay away from saying or doing something that is clear proof of your intoxication.

Getting a lawyer with knowledge of the state laws is important. An Orlando DUI lawyer would be of no use if you were facing a drunk driving charge in Arizona. State laws differ regarding elements that constitute a crime.