The Best DUI Lawyers Never Give Up!
Don’t make the same mistake as so many others arrested for drunk driving (impaired driving) do by pleading guilty to your DUI-DWI-OWI-OUI charge. If you went to your physician and learned that you had cancer, would you just quit, without a fight? A DUI arrest is like LEGAL CANCER. The burden of proof is on the prosecution, meaning that they must prove beyond a reasonable doubt that you are guilty of the crime of DUI for which you are charged. Fortunately, hundreds of drunk driving defenses exist, and a knowledgeable DUI criminal trial lawyer knows how to challenge the DUI evidence against you. In many jurisdictions, a high percentage of DUI cases challenged by a resourceful DUI attorney can result in your drunk driving charges being reduced, dismissed or (if trial is required) your acquittal.
Common Defenses Against Drunk Driving Charges
Drunk driving defense is an extremely technical field of law, requiring knowledge of constitutional and statutory DUI laws in your state, police procedures, and the complex scientific and medical evidence that prosecutors will seek to use against you in court. If you go to a DUI criminal attorney who lacks the training and knowledge of what to do and when to do it, potential DUI defenses to the criminal charges that may be available to you will never be properly raised and properly asserted. Any good DUI criminal defense lawyer will admit that a DUI defense attorney has to know as much or more about criminal trial practice as a murder case to be able to effectively handle your DUI case.
Some of the most common DUI defenses involve the legality of the initial traffic stop, the voluntary taking of field sobriety tests, issues surrounding the unreliability of the DUI roadside tests (particularly when done incorrectly), and whether your DUI arrest was legal. Police officers cannot pull you over for no reason. Evidence that a crime has occurred or is being committed must be established at court. Many times, police DUI videos help us have DUI cases dismissed. If a top DUI attorney can prove that there was no probable cause for your traffic stop, or that the officer failed to gather sufficient proof of “impairment” by alcohol or by drugs to make a custodial arrest (i.e., to cuff you instead of letting you go after signing your traffic ticket), your whole driving under the influence case can be thrown out.
Breath Test Devices
Breath test machines for DUI prosecutions, and blood test laboratory DUI forensic evidence often are items of essential evidence used by the prosecution to prove that your breath alcohol level (BAL) or blood alcohol content (BAC) was over the applicable legal limit. These cases are often called “per se” DUI cases. For all drivers age 21 and over who are not behind the wheel of a commercial vehicle, the BAC level is 0.08 or more. Drivers under age 21 are held to a ZERO BAC standard, but the breath test limit can be 0.00, 0.01 or 0.02 under state DUI laws.
The four brands of breath test machines used in the USA are:
How To Win Your DWI-DUI Case
The best DUI criminal defense attorneys know dozens of ways to TOTALLY EXCLUDE many breath test or blood test results. That cripples the prosecution’s case in many instances. Plus, the best DUI lawyers know other critical DUI defense factors that could result in the breath test machine (or even a blood test device) to render an inaccurate or unreliable reading. This may include failure to observe periodic maintenance requirements on the breath test machine, improper administration of the breath test, finding that the breath test device has malfunctioned, or discovering that certain medical conditions of the person who “blew” into the breath machine may have caused an additive reading.
Your DUI criminal defense attorney, working with an expert witness on breath tests, can determine if any administration, observation, or BAC results reporting errors likely affected your breath test results. This may be an effective, winning defense against your pending DUI charges.
Learn The Consequences of a DUI
Read about these harsh consequences of DUI conviction here: http://www.dui.tv/97consequencesofaduiconviction.pdf. Reading this document will increase your resolve to seek the best possible DUI attorney for your pending drunk driving case.
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