When you are arrested for Operating a Vehicle While Intoxicated (DUI / OVWI), it may seem like all the chips are stacked against you. Your license was probably suspended immediately, you have probably spent at least one night in jail and that is just the beginning – you still have to deal with the actual DUI / OVWI charges.
You may think that there is nothing you can do to fight against a DUI / OVWI. If you think this way, you are mistaken. Attorney Marc Lopez knows that every case has problems and issues. It is simply a matter of determining what issues exist and how they can be exploited for a client’s benefit.
Here are some of the basic issues Attorney Marc Lopez will look for to attack the charges:
- Operation of the Vehicle – Did anyone actually see the Defendant operate the vehicle? A Defendant’s statement, without other evidence, is not enough to prove operation.
- Timing of the Breath Test – There are explicit statutes that requires the Certified Chemical Test to be given within strict time frames. If there is any variation, Attorney Marc Lopez will fight to have the results kept out of evidence.
- Procedure of the Certified Chemical Test – The breath tester must be given in the precise manner as laid out by statute. Officers typically do not follow the procedure correctly. If there is any variation, there is an excellent chance of keeping out the breath test results.
- Miranda Warning Violation – A Defendant must be read their Miranda warning if they are in police custody and the police ask the Defendant questions. Many times DUI / OVWI Defendants are transported to police stations to complete the Certified Chemical Test. While being transported these Defendants are often handcuffed and placed in the backseat of a police cruiser. While the Defendants may not be technically placed under arrest, they should be read their Miranda warning if the police continue to question them. Attorney Marc Lopez will fight to have any statements made by the Defendant kept out of evidence.
- Training of the Arresting Officer – The National Highway Traffic Safety Administration (NHTSA) designed the Standardized Field Sobriety Tests that are administered to drivers suspected of intoxication. The Standardized Field Sobriety Tests must be administered in the exactmanner as described by NHTSA. Any deviation can be grounds for keeping that tests out of evidence. Attorney Marc Lopez will determine if the arresting officer conducted the tests in the correct manner. If there was any flaw in how the tests were administered, Attorney Marc Lopez will fight to keep out the tests.
Attorney Marc Lopez serves individuals accused of drunk driving in the Indianapolis, Indiana area. He is a former Prosecutor with the Marion County Prosecutor’s office and was assigned to the OVWI Unit. Call Attorney Marc Lopez today at (317) 489-9611 or contact him through e-mail.