If you find yourself in need of a criminal defense attorney, you should not put off finding one. Being charged with a DUI is an important reason to use a criminal defense lawyer, but there are many people who think they will be able to come up with their own defense strategy. This may seem like the more affordable way to handle a case like this, but it may end up costing a defendant quite a lot more money than he would originally planned.

Because driving under the influence is strictly enforced by judges, having a lawyer who understands the process by your side should not be an option. More and more, this offense is being treated as a criminal act which demands punishment. It is certainly not socially acceptable to drive while intoxicated, as the driver may harm more than just himself, he may harm anyone in the car with him and anyone else who happens to be on the road at the same time. Being convicted of this crime may do much to damage reputations and can cost an offender dearly.

However, it is often the case that an individual charged of driving under the influence is not actually guilty. Police officers are only human and capable of making mistakes when administering sobriety tests. Mistakes may result in wrongful accusations and arrests. A case may also be considered wrongful if an individual’s rights were not honored during the arrest. Whatever kind of sticky DUI situation you find yourself in, it is important to note that a good defense lawyer will have a few strategies up his sleeve to come to your rescue.

One that is employed regularly is attempting to show that there was no justifiable cause to stop the driver in the first place. A police officer must have just cause to pull over a driver and to initiate a criminal investigation. An unconstitutional traffic stop means that all evidence gathered from that stop will be thrown out in court, and the charges must be dropped. A legal counsel may also argue that a field sobriety test was not properly administered by the police officer on the scene. There are very specific guidelines which must be adhered to in order for a test to be valid in court, and if those guidelines are not followed, the test may not be presented as evidence. The rules, set forth by the National Highway Traffic Safety Administration, include the Horizontal Gaze Nystagmus, Walk and Turn and the One Leg Stand.

It should also be noted that officers are given a set of standards which denote who can and who cannot take the test. Drivers who are overweight by 50 pounds or more do not have to take the test, and those more than 65 years of age are also exempt. Anyone who has suffered a back, hip, leg, knee or ankle injury or other type of problem which affects their balance also does not have to take the test. Those wearing high heels of at least two inches also do not have to take the test. The test can be refused by anyone.

Stewart Wrighter recently spent time researching law firms with an Omaha Criminal Defense Attorney. He hired an Omaha Criminal Defense lawyer to represent his brother.

For more information about criminal defense attorneys go to
http://www.omahadui.com/ .

Author Bio: Stewart Wrighter recently spent time researching law firms with an Omaha Criminal Defense Attorney. He hired an Omaha Criminal Defense lawyer to represent his brother.

Category: Legal
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