Reader’s Question:

My brother was arrested for DUI in Decatur, Alabama and I understand that the officer had to make sure that my brother understood his right about the breath test. What possible defense could be used with regard to the breath test?

Ben
Decatur, AL

First of all, in a DUI investigation when it comes to breath test, the officer would ask the person suspected for DUI to take the breath test. If the DUI suspect refuses, the officer would then tell the DUI suspect the consequences that he/she might have for refusing to take the breath test. If the person refused to take the breath test, the possible defense that could be used is to force the officer to prove that there was actually sufficient evidence to ask the person to take a breath test. If the person took the breath test, a good DUI lawyer could force the officer to demonstrate that the DUI suspect understood his/her rights concerning the breath test.

In the DUI trial, for example, on your brother’s DUI case in Decatur, Alabama, it would be difficult to prove that the DUI suspect understood his/her rights because on one hand, the person was arrested being impaired by alcohol. And on the other hand, the person was supposed to be sober and coherent enough to fully understand his/her rights.

Tags: breath test, DUI, DUI lawyer