In Vermont, drivers who choose to drive while intoxicated could face license suspensions and extensive jail sentences. However, these individuals maintain rights until they are convicted. Among these rights is the right to a fair trial. DUI law attorneys in Burlington VT help defendants to build a viable criminal defense case.
Did the Officers Have Probable Cause?
All law enforcement officers must have probable cause to perform a traffic stop. This indicates that the driver must be breaking a law through a moving violation. Without probable cause, the case against the driver can be dismissed. The officer must present evidence of the initial violation to show that probable cause existed.
Was the Defendant Driving When They were Arrested?
To charge someone with a DUI, the automobile must be in motion. A law enforcement officer cannot arrest the driver of a parked car. It doesn’t matter if the driver is sitting in the driver’s seat intoxicated clearly. They are not breaking the law until the vehicle is mobile
Denial of Miranda Rights
All defendants have the right to an attorney at any time they are arrested. Additionally, the officer must read them their Miranda rights during the process. A failure to comply with any civil rights under these rulings could lead to a dismissal of all charges. A denial to allow legal counseling before chemical testing is a violation of the individual’s civil rights.
Medical Conditions that Mimic Drunkenness
Type 1 diabetes can cause an individual to appear intoxicated if their glucose levels are too high. Any defendant that makes the officer aware of this condition must be evaluated further. This condition could become fatal if the individual doesn’t acquire an insulin injection promptly. The case can be dismissed if the disorientation caused by the condition led to the assumed state of drunkenness.
In Vermont, all individuals accused of DUI maintain their civil rights during an arrest. The officers must follow all state laws regarding arrest procedures. A failure to comply with these requirements can lead to a dismissal of all charges. Defendants facing this charge should hire DUI law attorneys in Burlington VT or check out Sawyerlegal.com for more information today.