Cleveland DUI Defense Lawyer
Proudly Serving Clients Throughout Cuyahoga County
Having one too many and getting behind the wheel of the car can lead to serious DUI charges. A DUI conviction can lead to the loss of your driver’s license, higher insurance costs for years to come, large fines, and a lasting mark on your criminal record. If you don’t take action, you could even have to spend time in jail. To avoid these and other negative consequences of a DUI conviction, you need to fight back with confidence.
Your future is on the line. Call or fill out our online contact form today to speak to a knowledgeable DUI defense attorney in Cleveland.
DUI Defense Strategies
If the arresting officer, the equipment used, or any other factor related to your DUI arrest and breath test evidence do not match up with expected standards, then it may be possible to get your case dismissed or your charges seriously reduced. Common defense strategies for DUI/OVI cases include the following:
Reason for the Stop
Before the officer pulled you over to investigate a potential DUI, they needed to have a good reason to do so. Rolling over the double-yellow line while driving or failing to use a turn signal could have been that good reason. If the defense team can demonstrate that you were never driving unsafely before being stopped, it may be possible to get the case dismissed.
SFST and Breath & Blood Test Errors
The National Highway Traffic Safety Administration (NHTSA) created a number of standardized field sobriety tests (FSTs). The NHTSA also provides a detailed list of instructions that police officers must follow to conduct the FSTs correctly. If the tests were conducted improperly, as determined by deviation from NHTSA-instructed guidelines, then the evidence obtained through the tests may be inadmissible and disregarded. Breath and blood tests, as well as breathalyzer machines, can also produce errors that make them inaccurate, like having a preset margin of error that should be subtracted from results but was not by the crime lab that used the machine.
Improperly Handled Evidence
The prosecution team bears the burden of proving guilt. If any thread in their case is weak, it could unravel in front of themselves. We regularly use the discovery process to confirm the validity of every piece of evidence used by the prosecution. If your blood sample was mixed up with another person’s sample at the crime lab, for example, then we can file a motion to suppress that evidence from being used against you.
Questions to Expect During a DUI Stop
One of the biggest mistakes you might make during a DUI stop is speaking to the arresting officer. Remember that you have a constitutional right to stay silent whenever you are detained, arrested, or accused of any crime. Furthermore, the 5th Amendment of the United States Constitution helps protect you against self-incrimination.
If you are arrested for DUI, you can expect to hear questions such as:
How much have you been drinking tonight? This is one of the most commonly asked questions by a police officer who is making a DUI arrest. The problem is that any answer you give could potentially be used against you, even if you have not broken the law.
Have you ever been arrested for a DUI before? The same is true for this question. Even though someone might have one or two DUIs on their criminal record, silence is the best course of action.
Can I search your vehicle to speed things up? When you are being arrested for a DUI, the police officer who pulled you over must have reasonable cause to do so. If they are unable to confirm with field sobriety tests, they may be looking for that reasonable cause.
Call Piazza Law Office Today
When you are ready to start planning your DUI defense, our team at Piazza Law Office is here to help. We are committed to providing our clients with the thorough, ferocious representation they need to defend their rights and future.
Schedule your free initial consultation by contacting our Cleveland DUI lawyer today.
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