Driving Under Influence – Proven Strategies for a Criminal Law Attorney in Davenport, Iowa – Usually, a qualified criminal law attorney in Davenport, Iowa uses hundred of strategies to represent a DUI case. All these strategies are often dependent on the facts and evidence which surrounds the arrest/allegations.
Since there could be several strategies to deal with a driving-under-the-influence case, let us discuss the three common strategies employed by a criminal law attorney.
Unlawful Retention
No matter what the situation is, it is never recommended to act rude or be aggressive with the police officer. Even though acting rude cannot be taken as the proof of drunk driving, it can easily get you into trouble. The fact that acting rude or aggressive cannot be considered as being too drunk is another common strategy used by defense attorneys.
So, if the police officer arrests a person for being aggressive, this justification of arrest cannot hold up in any court.
Difficulty in Enduring Stressful Situation
Many people are unable to stay calm during such stressful situations. It is easy for them to stress out especially during a DUI arrest or stop. This reaction can easily throw them over the edge. To your surprise, most of the time the primary reason behind such arrest cases is the stress and anxiety of people that make police officers mistake them as too drunk to drive.
When a person gets anxious during this situation, he/she starts acting strangely, worsening the problem. Fortunately, this inability of people to endure a stressful situation can never be accepted as a proof of DUI.
Failing to Conduct the Observation Period
There are some state laws which require all the police officers to observe the person for at least 20 minutes before conducting a breath test. The observation period should not be less than 20 minutes.
As per criminal law attorneys in Davenport, Iowa, this is to make sure that the suspect didn’t eat or drink during anything that may invalidate the breathalyzers results. Thus, if a police officer doesn’t conduct the breath test within the observation period, its results become invalid and can never be used as any sort of evidence against the suspect.
All three of these are the most common strategies used by a professional criminal law attorney in Davenport, Iowa. A professional attorney not only investigates the case but also underline the flaws in the state’s theories.