Philadelphia Civil Rights Lawyer : Arrested without Breathalyzer Test
May 4, 2015Driving under the influence of drugs and alcohol is an extremely serious incident in any state in the United States. A first-time offender can end up with fines as much as $1,000, jail time of up to one year, license suspension and a permanent criminal record. Anyone who is accused of such a crime will want to obtain legal consultation that can protect him or her from the worst of the previously mentioned circumstances. In some situations, the person can receive help from a defense attorney who can come up with a sound defense. In some cases, experienced attorneys can convince judges that people who are accused of DUI are innocent.
A DUI Charge for a Busted Six-Pack
The police may accuse someone of a DUI charge if it finds evidence of alcohol in a vehicle. In the case of an accident, the police may wrongfully assume that one of the drivers was operating the vehicle under the influence of alcohol. The police officer may hastily charge the driver with DUI without conducting a breathalyzer test to measure the person’s blood alcohol level. A defense attorney can assist in such a situation, and the person may walk away from the charges as an innocent person.
Proper Procedures for Police
One of the biggest defenses in a DUI case come from police officers not conducting their tasks appropriately. A police officer who accuses someone of DUI must follow proper protocol to make a legitimate arrest. No only does the officer have to conduct a breathalyzer test, but also the office has to read the accused party his or her Miranda Rights. Furthermore, the police officer will have to prove that the accused party drank the beer that was in the vehicle and that such drinking contributed to the automobile accident. If the police officer cannot prove those things, a judge may acquit the accused party.
The best thing for a defendant to do is contact a reliable law firm who can defend him or her. The person will want to schedule an immediate appointment to discuss any loopholes that may exist in the case. A seasoned defense attorney will offer to help the person get a dismissal. Even in the worst cases, a good defense attorney can help to negotiate with the prosecutor and the judge to get the defendant the best deal possible.
If your rights have been violated or you have been wrongful arrested call 215-735-3326 or contact us online today.