Requiring a Sobriety Test without Probable Cause
One of the ways in which a DUI arrest may be challenged is when law enforcement requires a breath test to be taken when there isn’t adequate reason to believe the driver is under the influence. If a driver exhibits no signs of driving while intoxicated, he or she should be sent on the way.
Although Floridians have given implied consent to alcohol tests, they cannot be physically forced to take one if they refuse. There may be penalties for refusing, but if there was any physical force used or threats were made, this could be an important issue after an arrest.
A lack of probable cause may also be an issue if an officer searches a vehicle without consent hoping to find open containers of alcohol.
Incorrectly Running the DUI Checkpoint
Another challenge could be that the checkpoint was operated incorrectly. Cars are supposed to be pulled over based on a pattern. This may include every other vehicle, every third vehicle, and so on. If there is some bias regarding how cars are pulled over, such as racial profiling or targeting specific types of drivers, it may be used as a defense.
Other Defenses against a DUI Arrest
Other common defenses against an arrest may also be applied if certain circumstances are present during the checkpoint. Issues could include administering a test incorrectly or with an improperly calibrated machine. For some, medication or a medical condition could skew results.
While being taken into custody, if the person’s Miranda rights weren’t read before an interrogation, the defendant may use this to dismiss evidence obtained during the interrogation.
Contacting an Attorney after a DUI Arrest
Whether at a DUI checkpoint or a typical traffic stop, if the arrest was unwarranted it is imperative that legal counsel is sought. Being charged could result in serious consequences.
Besides paying a significant fine, there is the potential to face jail time. The arrest could also impact the person’s driving privileges and more. Contact the Law Offices of Robert David Malove today to learn more about one’s rights when facing DUI charges.