It is your Constitutional right under the 6th Amendment for a speedy trial and the right to counsel for any crime. DUI is a criminal offense, and you need a lawyer who will vigorously investigate and defend you. DUI is no longer the minor offense it once was. It's now the most serious of misdemeanors even for a first offense. If you have been arrested for DUI before or your arrest involved injury, you could be facing felony charges.
It's necessary to hire a qualified, experienced DUI Attorney who can perform a thorough investigation into your case and defend your rights in the courts. It is possible to win a DUI case, and an attorney experienced with DUI laws can help you navigate these complicated issues.
How can a DUI lawyer help you?
Even if you admit to drinking and driving, it is still the state's job to prove you were driving while intoxicated. An experienced DUI lawyer can challenge many indicators of intoxication. A lawyer can help determine what the tests revealed. However, it may even be possible you've been falsely accused.
Can field sobriety tests be challenged?
Field sobriety test conclusions are based on a law enforcement officer's observations. It's possible for a person to have no alcohol in their system and still fail field sobriety tests. Various health or physical conditions can skew balance, speech, and other factors.
University conducted tests have shown that field sobriety tests are either not performed uniformly, with proper instruction to the subject, or the subjects were believed to be too drunk to drive when they had no alcohol in their systems. Law enforcement officers are human and can make mistakes.
What if you failed the Breath Analysis Tests?
Breath analyzers have a margin for error even under ideal circumstances which can skew a reading over legal Blood Alcohol Content. Many times the test is not given in ideal circumstances, which can make the results vary even more. There is also evidence that breathing patterns have different readings depending on which part of the breath is used for the reading. It is not unheard of for law enforcement officers to influence the readings in this manner.
Unlike the evidence in other criminal matters, breath analysis test results aren't always preserved like a blood test or other evidence might be. It may not be preserved at all, making independent analysis impossible.
Results might even indicate false results. People who suffer from diabetes or hypoglycemia can register as a DUI because their blood sugar produces acetone which registers as alcohol on the breath tests.
What if I failed a blood test?
A blood test is one of the more accurate tests. But even it can provide false information. The human body produces its own alcohol naturally, and some individuals naturally produce a blood alcohol level higher than the legal limit.
If the blood sample was contaminated by the alcohol swab or was properly mixed with a preservative and anti-coagulant, the results from the blood test can be skewed. There is also a timing issue with the blood tests, as alcohol metabolizes over time. There are also transportation and handling variables that may skew results.
An exerienced DUI attorney knows how to work with the evidence in order to defend you against your DUI Charges. They can ask questions you might not have thought of, and get answers for them. By vigorously examining and investigating your case and the evidence, it's possible to have DUI charges lowered or even dismissed. A DUI doesn't have to mean jail or losing your license, but you can't do it on your own.
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Aggravating factors are factors surrounding your DUI arrest that, if present, in some states, may only act to enhance minimum jail sentences.
Category: DUI and DWI
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