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COVID-19

Now offering phone and video conference consultations during the COVID-19 pandemic

Guide to Potentially Beating a DUI or DWI Charge Based on your Arrest Details

Steps to help you take swift and decisive action to challenge a DUI/DWI arrest

By Adam Peer - Owner of The Law Office of Adam Peer, LLC

Can you beat a charge of DUI or DWI?

When facing a charge of DUI or DWI, it is important to take swift and decisive action in order to ascertain any and all potential flaws in police procedure that may allow you to challenge the arrest and the charges that you are now facing. It is almost impossible to do this without the assistance of an aggressive, experienced attorney. It is important to act quickly as even a misdemeanor DUI charge can be serious and can have long-term repercussions in your day to day life. For instance, unless you or your attorney request an administrative license hearing within fourteen (14) days, your driver’s license will automatically be suspended thirty (30) days from the date of your arrest. 

With the help of an experienced DUI or DWI defense attorney, you will be able to identify possible ways to beat the charge and have your case dismissed. The potential avenues for challenging your arrest depend on the facts of your particular case. However, whether you submit a breath test showing your blood alcohol content to be over the legal limit, refuse the test, believe that you have been wrongly charged, or believe yourself to be guilty, with the right legal help, it may be possible for you to build a strong DUI defense based on the specific facts of your arrest.

Step One: Obtain Your Arrest Details

The first step in investigating your case will be to obtain the specific details surrounding your arrest. Your attorney should talk to you about your recollection of the events surrounding your arrest, ask what you remember about the police and about the arrest itself as well as the procedures employed afterward.  Your attorney should then obtain and review your police report as well as any videos associated with your case in detail. A comprehensive review and analysis of your case is necessary to determine whether your arrest details can provide a basis for challenging the state’s case.

Step Two: Spotting Errors

Your attorney should work to identify errors made in the details of not only your arrest, but of every step and stage of each search and seizure employed by the police in gathering evidence against you. Was the traffic stop or seizure of your person supported by reasonable suspicion? Did the police improperly extend the scope of the stop beyond the breadth of its original justification – either in terms of time or as to the subject matter of the stop? Was a search of your vehicle or your person supported by probable cause and or subject to an exception to the warrant requirement? Did you perform the NHTSA standardized field sobriety tests and, if so, were they properly administered by the police in your case?  These are all questions an experienced DUI or DWI attorney will ask as he carefully reviews the facts of your case in order to build your case.

This exercise aims to expose potential errors or mistakes made in the process of the DUI or DWI arrest, with the ultimate goal of getting your case dismissed. When choosing an attorney, look for someone who has been trained to administer the field sobriety tests as such an attorney will therefore be qualified to scrutinize the police officer’s administration of the field sobriety tests and pre-arrest procedure in your case.

By analyzing the methods used by police during the arrest and charge, testing the State’s evidence obtained at the time of arrest, and analyzing the evidence in your case in order to determine if any errors were made in how the evidence was collected at the time of the arrest, an experienced attorney will be able to assist you get in working to have your case dismissed.

Contact The Law Office of Adam Peer for more information or to schedule an initial consultation with an experienced DUI Defense attorney you can trust. Adam’s goal is to resolve your legal issues effectively, quickly and affordably. Adam will work with you directly, keep you informed, and work tirelessly to aggressively fight for and protect your interests.

You can request a free case evaluation online. You can also call The Law Office of Adam Peer at (913) 553-4222 or email info@adampeerlaw.com

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Adam Peer – Attorney at Law
The Law Office of Adam Peer, LLC

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