The initial arrest for a DWI is not the end of the road, in fact, it is the very beginning. Many people have gotten out of a DWI arrest because of various things that happened since that initial arrest. The conviction may not always go through, even though the arrest happened. It is even possible for a DWI offense to be dropped even if the field sobriety test came back over .08; it is certainly less likely, but not impossible. DWI lawyers in Rockford, IL can potentially get a DUI arrest dropped entirely, and the strongest recourse is a violation of rights.
All Americans have specific rights provided to them through the law. There is no gray area for many of these rights and they are specifically designed to protect people. When they are broken, it can invalidate the entire case. So what are some common ways in which officers have broken the rights of the person they arrest? There are two that continuously come up with DWI lawyers in Rockford, IL.
Unlawful Seizure
The first is an unlawful seizure, which will include anything that was taken from the person arrested without proper authority to do so. It could happen in the vehicle and it can happen in the home. Officers must receive permission to enter the vehicle; they can only enter the vehicle if they notice suspicious activity, but this is very subjective. Unlawful search and seizure is one of the main reasons a DWI is thrown away.
Arbitrary Detention
The second common scenario is known as an arbitrary detention. In short, this means holding an individual under arrest without the proper evidence or the support to do so. A common example is a refusal to receive a breathalyzer. If someone does refuse the breathalyzer, they can potentially be held in detention. But, the officers have to have legitimate evidence to support the fact that they may be driving under the influence. This could be anything from the smell of alcohol to stumbling to incoherent speech.
If a DWI attorney can show that there was no substantial evidence in any report to suggest the need for detention, it could be considered a violation of rights. Visit Crosby Law Firm website for more on getting a DWI charge thrown away and buried in the past forever.
