An attorney with a criminal law firm in Mesa, AZ, uses a variety of methods to help a client who has been charged with driving under the influence of alcohol. Sometimes, technical issues with the way the situation was handled by law enforcement provide the key to freedom. A person who has been charged with DUI and believes there may have been technical errors in the case may visit the website feeleyfamilylaw.com to consult a lawyer.
For example, the individual may have taken a Breathalyzer test at the scene with an officer’s portable device and shown a blood alcohol content (BAC) higher than the legal limit. Law enforcement is expected to verify that BAC with another method back at the station, such as with a blood draw or a non-portable Breathalyzer. If those results are at or below the legal limit, an attorney with an organization such as the law firm of Janet R. Feeley, L.L.C., can challenge the portable device results. The prosecution may say that the BAC was borderline high at the scene and dropped just a little between the time of the arrest and the time of the second test. However, portable device results have a reputation for being questionable. Arizona does not even allow those results to be admissible in court.
Another technical issue that may be focused on by a criminal law firm in Mesa, AZ, would be whether or not the officer had good reason to pull over the suspect. Unless the situation involves a DUI checkpoint, the driver does something to indicate impairment, or the vehicle has a safety malfunction, an officer is not allowed to stop the driver on suspicion of DUI.
If the driver makes an error that is not a traffic violation, an officer can still stop this person to check for intoxication. A common example would be stopping at a flashing yellow light instead of proceeding with caution. This may simply indicate that the driver is preoccupied or distracted, but it also may be a sign of impairment. If the driver does nothing out of the ordinary but the vehicle has a burned out taillight or headlight, the officer can legally stop this person and check for signs of alcohol use. Visit the website feeleyfamilylaw.com for more information.