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There have been many instances when an officer has arrested a driver for a DUI when he or she is clearly not under the influence of alcohol or any other substance. If this has happened to you, you need to contact a top DUI attorney in Baytown, TX, for help you with your case. Do not try and combat this obstacle on your own. Hire an experienced attorney who is familiar with the tactics of police officers and the laws of the state to help you. There are ways to beat a DUI. Police officers commonly make mistakes. As a result, here are a few ways you can beat a DUI. Officers commonly falsely report errors that you committed when testing you for a DUI. Some of these errors include improper lane, failure to signal, headlight or taillight out, speeding, following too closely, etc. If they falsify any of these acts, you win your case. During these stops, if officers exceed their authority by trying to obtain evidence that is outside the scope of the stop, the evidence can be suppressed. If they begin asking questions regarding whether or not you have been drinking when they do not have any idea if you have been drinking, this is out of the scope of their stop. They may ask this if the stop is close to a bar or you are driving late at night. There are many times that officers exceed their authority based off of a specific race assuming you are drunk, using drugs, or dealing illegal drugs. Police officers cannot do this, and it is completely illegal. If you are stopped for suspicion of drunk driving and an officer gives you a breath test prior to any field sobriety tests, your case can be dismissed. The National Traffic and Highway Safety Administration's manual states that police officers can only give a breath test after field sobriety tests such as the walk and turn or one-legged stand. If you are showing a BAC on the breath test, officers can make up a number of clues they “see” that would indicate you are driving under the influence. If you are asked to do the walk and turn field sobriety test, and the officer does not clearly state the instructions, the case can be dismissed. Officers often do not give the proper directions leading you to fail the test. On the flip side, they may tell you how to do the test, but do not demonstrate it for you. An officer must give instructions and demonstrate the test. When they do not give the proper instructions for the test, they can list you as impaired and are setting you up to fail from the start. Police officers are only allowed to stop you for a limited time. There have been times when an officer has kept a driver longer than necessary waiting for the drug dogs to arrive. They are only allowed to stop you long enough to ask you questions relating to your stop in the first place. Anything beyond this is illegal, and some officers do this to buy themselves time. Therefore, if some type of substance was found in your car, but there was no evidence to suggest this in the first place, your case can be dismissed. During a DUI, officers often search the car looking for evidence such as illegal drugs, alcohol, or medication that may impair your ability to drive. If they do so, especially without a warrant or your permission, this is illegal. The fourth amendment states that law enforcement officials must have a warrant signed by a judge to permit to search any personal property. If you have been a victim of any of these acts by police enforcement, do not hesitate to call a top DUI attorney in Baytown, TX, to see if your DUI charge can be dismissed. DUI charges are not to be taken lightly and carry strict consequences. Act now to avoid the consequences especially if you are not guilty.
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