It can be terrifying to have a police officer pull you over and arrest you. In the moment, it is easy to simply accept the situation, not wanting to aggravate anyone. However, you do not have to accept that an arrest is appropriate without due process. Just because an officer asserts you were driving under the influence, they cannot arrest you without proof. You are innocent until proven guilty. At Koffel Brininger Nesbitt, our DUI attorneys can help you fight your arrest. Here are some ways you can beat an OVI.
There Is No Reasonable Suspicions for the Traffic Stop
An officer must have probable cause for pulling over a driver. Under the fourth amendment, citizens are protected from unwarranted, intrusive interrogations. That is why the driver must exhibit signs of intoxication or reckless behavior due to drugs or alcohol. You cannot be stopped without reasonable cause. If the arresting officer cannot prove suspicions, you case may be dropped.
There Is No Sign of Intoxication
When an officer pulls over a driver suspected of driving under the influence, they pay close attention to signs of drugs or alcohol use. They will look for things such as alcohol on your breath, blood shot eyes, lack of focus, and drowsiness. However, these symptoms can occur without taking drugs or alcohol. You may be tired or need prescription medicine that gives you red eyes. An officer should be certain of signs of intoxication before an arrest.
Failed Field Sobriety Tests
When a law enforcement officer is suspicious of intoxication, they will most likely ask you to a take field sobriety tests. These can include:
- Checking pupils
- Analyzing breath
- Checking blood alcohol levels
- Checking balance and coordination
These tests are not foolproof. Sometimes, the weather conditions can make it difficult to see clearly or the road might be broken and cause you to lose your balance. These are all reasonable reasons for failing the test that has nothing to do with intoxication.
There can also be cases where the officer or authority fails to appropriately interpret these tests. If the equipment used is not maintained properly or if the test results are read incorrectly, you can potentially have the case thrown out.
You Were Not Read Your Rights
Every American citizen is afforded the Miranda rights, which allows them liberties such as not saying anything to incriminate themselves and the right to an attorney. Upon an arrest, the officer must inform the detainee of their privileges. Failure to do so can result in a null case.
DUIs can endanger your reputation and future aspirations. If convicted, you can face jail time and fines. At Koffel Brininger Nesbitt, our OVI defense attorneys are familiar with the courts in Columbus and know the officials who work there. We can help you fight your charges and potentially have your case dropped. Call today for a consultation and take the steps towards freedom.