Although just about everyone is warned frequently about the dangers of drinking and driving, there are many people who are still arrested and charged with a DUI each day. Simply being charged, however, doesn’t imply guilt. When a person is arrested and charged with a DUI, they should contact a DUI Defense Lawyer in Charles Town WV as soon as possible. One defense the lawyer might use is that the equipment was faulty.
A DUI Defense Lawyer in Charles Town WV is going to look at all of the evidence of a case to find a viable defense for that specific situation. One that often applies is that the equipment used to determine if a person was over the legal limit was faulty. This is the BAC test and is usually done using the person’s breath with a breathalyzer. These machines have to be properly calibrated and they need to be adjusted before each use to be sure they’re working properly. A breathalyzer that is not functioning correctly is likely to give a false reading which could lead to the officer believing someone is over the legal limit for drinking even if they actually aren’t.
If the DUI Defense Lawyer in Charles Town WV determines the testing was done incorrectly or wasn’t properly calibrated, they may be able to prove that the results are not believable. If the results are not valid, they likely cannot be used in court and this evidence won’t be able to be used against the person. In these cases, there might not be enough other evidence to prove beyond a reasonable doubt that the person was driving under the influence. If the lawyer can prove this to a judge, the judge may agree to drop the charges based on a lack of evidence.
While this isn’t going to work for every DUI charge, this is a common defense tactic used by a DUI Defense Lawyer in Charles Town WV. If you’ve been arrested and charged with a DUI, contact a lawyer as soon as possible to see if this defense may work in your situation or if there is another defense they might recommend to help you avoid the severe penalties associated with a conviction.
