It is vital to be aware that a DUI arrest and charge need not necessarily turn into a DUI conviction if it is dealt with strategically. In order to successfully fight and beat a DUI charge in the state of North Dakota you are going to require some resources, and the most important resource in this regard is a North Dakota DUI lawyer.
A righteous, fantastic, and reliable DUI legal professional will be able to effectively build a tactical and fool proof defense strategy and argue your case in the best possible way. Your legal representative will be well aware of what evidence the prosecution has against you and will be able to dismiss or invalidate this evidence depending on several factors.
Every DUI arrest is different and so every defense strategy will have to be customized accordingly. There are many proven and effective ways to defend yourself against a DUI charge and your North Dakota DUI attorney will know which methods to employ in your specific case. Not sure if you need one? Not sure if you can afford one? You may not be able to not afford to use one. The other side is going to come guns blazing. You need to press this button so your side can be adequately heard.
Ways in which you can defend yourself against a DUI charge in North Dakota
Probable cause defense
Remember, for an arresting law enforcement officer to pull you over and subject you to sobriety testing the officer must have some reasonable cause to suspect that you are driving under the influence. So in case the arresting officer pulled you over for no particular reason then this can be brought up in court and the whole case could potentially be dismissed irrespective of what evidence the prosecution has against you.
Things that qualify as probable cause are failure to maintain lane, traffic violations, reckless driving, and open alcoholic container, to name a few, according to North Dakota DUI lawyers.
How to ward off field sobriety and breathalyzer test results in a DUI case
Field sobriety testing is a method where the suspect is subjected to a series of physical tests, the results of which are then used to determine whether the suspect is over the legal limit or not. These tests include Nystagmus, One Leg Stand, Walk and Turn, Finger to Nose, and TheRhomberg Balance test. While these tests are a good indicator of a person’s sobriety, they don’t work in every case.
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Many suspects have balance and co-ordination defects and are likely to fail these tests even though they are stone cold sober. This is a defense that can be used to invalidate such test results.
Breathalyzers are machines that are supposed to measure a person’s BAC (blood alcohol content). However, latest studies have established that these machines actually measure breath alcohol content and not blood alcohol content.
Furthermore, breathalyzers are not always 100% accurate, and need to be calibrated diligently prior to use. There have been cases where someone sober has tested positive in a breathalyzer test simply because they had used some mouthwash. Your North Dakota DUI lawyer will bring up these points in defense to any breathalyzer evidence put forth by the prosecution.