In Minnesota, criminal defendants who are facing a DUI have the opportunity to fight their conviction due to the circumstances of their arrest. The laws explain what constitutes a DUI and what officers must do when stopping vehicles and making an arrest. A DUI lawyer in New Ulm, MN helps criminal defendants fight a conviction by building an effective case.
The Car Was Parked
Law enforcement often misrepresent facts and arrest people when their automobile is parked. The law defines the charge as “driving” under the influence. If the automobile isn’t moving, the charge won’t stick. It doesn’t matter if the driver has the engine on as long as they aren’t driving.
The Defendant Is Diabetic
Diabetic drivers with high blood-glucose levels have ketones in their system that mimic intoxication. Defendants can fight the charge if their blood sugar was elevated at the time of the arrest. Severe signs associated with high blood-glucose levels are also similar to being drunk.
Conflicting Test Results
Any time that a driver is arrested for a DUI, they have the right to request a second sample of their blood for their attorney. Their lawyer has the blood tested by a separate lab to determine if the defendant has a high blood-alcohol reading or controlled substances in their bloodstream. If the test results don’t match, the defendant can fight the conviction due to conflicting test results.
Inaccurate Testing Results
Law enforcement agencies must test and repair their breathalyzer devices each year. Agencies keep logs of their maintenance and repair services. The defendant’s attorney files a motion to see the logs. If the agency didn’t test their devices and the breathalyzer, the defendant’s case could be dismissed due to inaccurate testing results.
In Minnesota, driving under the influence is a serious charge and leads to severe penalties such as fines, driver license’s suspensions, and jail time. Some drivers must install an ignition interlocking device for a specific amount of time. Criminal defendants who are facing a DUI or DWI should contact a DUI lawyer in New Ulm, MN or visit website for further details now.
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