Rhode Island | Defenses for DUI

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Drinking and then deciding to drive, no matter the reason, is not a good idea. The courts do not look at this favorably and you can get in a lot of trouble if you are stopped for some reason and the cops find out that your blood alcohol levels are too high. While you may not feel that your blood levels are that high, it often just takes a few drinks to get yourself above the legal limits and then you could face a lot of issues like jail time, loss of your license, heavy fines, and a permanent record for one bad mistake.

It is best to have someone on your side right from the beginning. There are several different defenses that a criminal lawyer is able to help you with in court, which can save you a lot of time and money in your life. Make sure to find a criminal defense lawyer in your area to get your defense ready right away.

Defenses for Your Case

The biggest defense that is done in these cases is whether the breathalyzer test is accurate or done the proper way. It is hard otherwise for the courts to have any idea whether you were drunk on the night in question as you would not likely be drunk still when you show up in court a few weeks or more later. If you refused to do a breathalyzer, the case becomes a bit harder to defend, but you will still have some options.

There are a number of things that your defense lawyer will be able to work on when it comes to the validity of the breathalyzer test. Some of the things that can be considered include:

Was the machine calibrated right—if the machine isn’t calibrated right, it could give off the wrong numbers. Even if you were above the limits, if the machine isn’t working right, the results are invalid and the case against you doesn’t have any evidence.

Did the officer have the right training to use it—for the findings to be valid on a breathalyzer, the officer in charge will need to know how to use the machine properly. This usually means some kind of training. If the force just hands out the machines and says to use them, the officer is not properly trained and it is easy for them to do something wrong during the test that could mess with the results.

Was the machine working—if the machine is falling apart, hasn’t been upgraded in a long time, or has another reason why it isn’t working properly, the results could be invalid.

Your criminal defense team will take a look at these plus some of the other reasons that the breathalyzer test may not be working the way that it should. If they are able to find something, this is one of the best defenses that are possible to get you off the hook. But if there is some reason that the test was done correctly, your team will be able to take a look at other possible defenses or help you come up with a plea bargain that is better for you based on how often you have gotten in trouble.

Make sure to have the right legal team on your side from the beginning. This can help to ensure that you are getting all the help that you need and that you get a fair trial. While many courts are going to try and come down hard on you, taking a stand with a good legal team can often make a big difference.

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