Have you been charged recently with a DWI or DUI offense? If so, then read on to understand how Kansas City DUI lawyers can help you get out of your predicament. The following are some possible defense strategies.
Showing That A DUI Checkpoint Arrest Was Actually Illegal
In the United States, DUI checkpoints are quite controversial. However, over 30 states still employ these roadblocks. Even though the Supreme Court upheld the legality of these checkpoints, the law clearly outlines the circumstances under which they are set up. In case law enforcement fails to follow proper protocol in the course of a stop, it is possible to get it termed as being illegal. If the court deems a DUI checkpoint illegal, all evidence collected against the individual becomes inadmissible in court.
Affirming The Failure Of An Officer To Read Miranda Rights
Under American law, every citizen is afforded Miranda rights. If a police officer fails to read a driver his or her Miranda rights during the course of making the arrest, all evidence collected over the course of investigation can be ruled inadmissible in court. Without any evidence to sustain a conviction, the prosecution will most likely drop the charges against the individual.
Citing A Failure To Issue A Warning For Implied Consent
Implied consent laws require that any motorist suspected of DUI fist consent to a BAC test or risk license suspension. An officer can request this assessment if he or she determines that there is probable cause that the motorist is intoxicated. If an officer acts inappropriately in the course of the arrest, the results from the breathalyzer test and Blood Alcohol Content test results will be most likely deemed inadmissible. Considering that these tests are usually the strongest piece of evidence for the prosecution, if they are deemed inadmissible then it does strengthen the defenseís case.
Alleging Racial Profiling Or Other Misconduct
When it comes to making DUI stops, it is illegal for a law enforcement official to single out minorities for arrest. Despite the claims of fairness in the law enforcement fraternity, profiling unfortunately does occur on a regular basis in various police departments. Individuals that believe that they have been arrested on basis of racial profiling have the chance to avoid harsh punishments. Proving in court that a particular stop was racially motivated opens up the possibility of questioning the officerís motives in all aspects of the case.
Rising Blood Alcohol Content Argument
Many people do not understand how long it takes alcohol to be absorbed into the body. Each personís body is different. However, the BAC is not reached until around 30 minutes to 90 minutes of consuming an alcoholic drink. The reason for this is that alcohol is absorbed into the body through the small intestines and takes time for the bloodstream to carry it all through the body.
This can significantly affect DUI arrests. In case a person is arrested on suspicion of DUI, it is possible to show that even though the BAC was over the legal limit during the time of the arrest, it might not have been so during the time of driving.
In conclusion, this article has discussed some of the strategies that Kansas City DUI lawyers can use to help you win your case. Building a strong case is never easy and it is always advisable to obtain the services of a DUI lawyer.