A motorist is pulled over because they swerved a little bit while they were driving. The officer asks how much they’ve had to drink and they admit they had two drinks with their dinner, but tell the officer they are fine to drive. The officer asks them to take a breathalyzer, and it ends up showing the person is over the legal limit to drive. The motorist is arrested and charged with a DUI, even though they do not believe they were unable to drive.
The first thing the motorist should do is contact DUI attorneys in Lancaster County, PA. They will want to do this quickly so they can explain what occurred and be retested. It is possible the test will show they were not over the legal limit when they were driving and, therefore, should not have been arrested. The attorney can then use this information to prove the breathalyzer was either not working properly or was not used as it’s supposed to during the time the motorist was stopped and asked to submit to the test.
While this doesn’t occur in every DUI case, there are times when it’s possible the breathalyzer doesn’t work or wasn’t used properly. When this is determined, the attorney will be able to ask for the breathalyzer’s evidence to be suppressed on the basis it is not correct. Depending on the other evidence against the person, this could mean the DUI charges are dismissed altogether for a lack of evidence. If the person was not actually over the legal limit, they should not have been stopped or arrested, so the charges should be dismissed. This does depend on other evidence that is available, but it is one way a person can avoid a conviction for a DUI.
Anyone who has been arrested and charged with a DUI will want to contact DUI attorneys in Lancaster County, PA as soon as possible. This is only one way to have the charges dismissed and attorneys can also work to have the penalties minimized if the person was over the legal limit. To learn more about your situation, contact the law office of Melissa R. Montgomery now.