When a person fails a field sobriety or breath analysis test, they’re typically arrested and face OUI charges. However, certain defenses may invalidate these charges, causing a case to be dismissed. In this article, readers will learn some of the most common defenses used by an OUI Defense Lawyer in Lafayette LA.
An officer’s observations usually determine whether an arrest is made. For instance, slurred speech or bloodshot eyes can be indicative of OUI, but these opinions are highly subjective and open to questioning in court. A person’s bloodshot eyes could mean that they have allergies or that they haven’t had enough sleep, and the person may argue that the officer’s assumptions were unreasonable.
Arrests Made While Not Driving
This defense is common in cases where a subject is apprehended while getting into a vehicle, while stopped on the roadside, or after arriving at a destination. Most places allow officers to make OUI arrests without seeing the person drive while intoxicated, but some require prosecutors to prove that a person was driving when an arrest was made.
Police officers must have a valid reason to pull a person over; otherwise, a stop may be deemed illegal and charges will be dismissed. However, if an officer pulls one over for unrelated violations, they do not need a reason to ask if the person has been drinking. Sobriety checkpoints allow any driver to be stopped without cause, and an officer’s failure to read a subject their rights might or might not invalidate OUI test results.
A person may be guilty of OUI if their BAC (blood alcohol concentration) is over the legal limit at the time of operation, not as testing occurs. It takes time for alcohol to work its way through the body; a person may have a BAC below the limit at the time of apprehension, but the BAC may be above the limit if the test is delayed. The longer the period between a traffic stop and an OUI test, the more likely this defense will succeed.
Should a Person Call a Lawyer?
Even if a person has been arrested for OUI and they don’t think they have a defense, they should still call a local OUI defense attorney with chrisrichardattorney.com as other defenses may be available depending on one’s situation. An OUI Defense Lawyer in Lafayette LA may have other ways to get charges reduced or dropped.