Over the last few decades, drunk driving penalties have become much more severe than they once were. If a person is driving under the influence and they are arrested, it can result in a suspended license for up to a year, mandatory alcohol abuse classes, and very hefty fines. The best thing that they can do after this type of arrest is to call a drunk driving attorney in Vermont. There are a few ways a lawyer can try to fight the charge.
Challenge the Traffic Stop
Most drunk driving attorneys have extensive knowledge of traffic law. If the lawyer can prove that the driver was pulled over for no just cause, the traffic stop would be nullified, which would also nullify the drunk driving arrest.
Challenge the Breathalyzer
If the driver failed the breathalyzer, the lawyer could try to challenge the validity of the test. The attorney could argue that the machine was not properly calibrated when the test was given. They could also bring up the chance that the driver just used mouthwash containing alcohol, which would cause the machine to register a higher reading.
Challenge the Field Sobriety Test
If the driver failed the field sobriety test, the lawyer could also challenge the validity of the test. If the driver was wearing uncomfortable shoes during the test, if they had a physical problem that made performing the test difficult, or if the surface where the test was performed was irregular, the validity of the test can be questioned.
Challenge the Arresting Officer’s Notes
After a drunk driving arrest, the arresting officer would be required to fill out a report. In the report, the officer would include the driver’s state during the arrest. If the driver had bloodshot eyes, it could be argued that they were just tired. If they were swerving, it could be argued that an animal crossed in their path and they swerved to avoid it. If the officer noted slurred speech in the report, it could be argued that the driver had a toothache or they had a bad reaction to prescription medication.
If a driver is arrested for drunk driving, it is worth trying to fight the charges to avoid the stiff penalties. The best way to fight the arrest is to hire a drunk driving attorney in Vermont. For more information, contact us.
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