In West Virginia, individuals who are charged with a DUI need a credible defense to avoid a conviction. These defenses are based on the circumstances of the arrest. A DUI defense lawyer in Charles Town, WV could advise a defendant of their options.
The Absence of Probable Cause
The absence of probable cause indicates that the officers are guilty of an unlawful arrest. Without probable cause, the officers didn’t possess a viable reason for the traffic stop. Probable cause for a traffic stop must equate to suspicion of drunk driving. This could indicate that the officers observed the driver driving recklessly or speeding. Any unlawful arrest leads to the dismissal of the criminal charges.
A Lack of Evidence
A field sobriety test could offer enough clarity to arrest the defendant. However, without a blood-alcohol content reading or chemical testing results the charges won’t stick. The prosecution must have credible evidence to achieve a conviction.
An Increase of Alcohol-Content Readings
Two difference breathalyzer readings could indicate an issue with the device. It could indicate an unlawful increase, if the second reading is higher than the first. This could also indicate that the officer tampered with the device. In these cases, the attorney may file a motion for testing of the device. They may also acquire information about what officers administered the tests and the tests themselves. Evidence tampering or faulty devices present grounds for a dismissal.
When a Driver Was Drugged
Chemical testing of the driver could indicate the presence of specific substances. The date-rape drug rohypnol is often placed in the drinks of potential victims. The presence of the drug is a clear indicator that the driver was drugged without their knowledge. The drug could increase their impairment and make them appear intoxicated.
In West Virginia, DUI penalties lead to a one-year license suspension. It also equates to five days in jail and a fine that starts at $250. Individuals who are accused falsely of this offense need a credible defense to avoid these penalties. Defendants who are charged with these offenses should hire a DUI defense lawyer in Charles Town, WV or visit our website for more information today.
