A recent ruling from the U.S. Supreme Court could be a serious boost to DUI defense across the nation. Prosecuting those arrested for drunk driving will be significantly harder in many cases. The ones that are convicted are also likely to get shorter jail sentences.
According to the Supreme Court, your blood samples can no longer be used as evidence against you in a DUI case if it was taken without a search warrant. It could also be thrown out if you consented because you were threatened with heavier penalties if you refuse. Both of these tactics have been fairly common after a DUI arrest.
In the past, prosecutors have relied heavily on blood tests as evidence, since they are generally more accurate than a breathalyzer. Now that search warrants will be required for each blood test, it’s likely that drunk driving cases will be more dependent on breath tests.
What Should I Do If Arrested for Drunk Driving?
When asked to take a field sobriety test or blow into a breathalyzer and you have been drinking, don’t do it; you have no legal obligation to do either. The next thing you should do is call a defense lawyer. The sooner you get an attorney involved, the more effective your DUI defense will be. However, if you are pulled over and are 100% sober (meaning you’ve had absolutely 0 drinks that day,) then you can agree to the breathalyzer if you so choose.
Thanks to the new ruling, and with the right help, it may be easier to beat a DUI charge. However, if not done right, you could still face heavy penalties. A drunk driving conviction can have a hugely negative impact on several aspects of your life. Don’t take that risk. Make sure you get the help you need, as soon as possible.
The Lewisville criminal defense lawyers with Julian, Crowder & Shuster have assisted countless drivers accused of drunk driving to either beat the charges against them, or receive shorter sentences. Don’t try to do this alone. We can help.