DON'T PLEAD GUILTY!
Don't make the same mistake that so many others arrested for drunk driving (impaired driving) make and plead guilty to your DUI-DWI-OWI-OUI charge. The burden of proof is on the prosecution, meaning that they must prove beyond a reasonable doubt that you are guilty of the crime for which you are charged. Fortunately, hundreds of drunk-driving defenses exist, and a knowledgeable trial lawyer knows how to challenge the evidence against you. In many jurisdictions, a high percentage of cases challenged by a top-shelf attorney can result in your charges being reduced, dismissed or (if trial is required) for you to be acquitted.
Common Defenses against Drunk-Driving Charges
Drunk-driving defense is an extremely technical field of law, requiring knowledge of constitutional and statutory laws in your state, police procedures as well as the complex scientific and medical evidence that prosecutors will seek to use against you in court. If you go to an attorney who lacks the training an knowledge of what to do and when to do it, potential defenses that may be available to you in your case will never be properly raised and properly asserted.
Some of the most common defenses involve the legality of the initial traffic stop, the voluntariness of field sobriety testing, issues surrounding the unreliability of the roadside evaluations (particularly when done incorrectly) and the issue of whether your arrest was legal. Police officers cannot pull someone over for no reason. Evidence that a crime has occurred or is being committed must be established at court. Many times, police videos help us have cases dismissed. If an 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, versus letting you go after signing your traffic ticket) your whole driving under the influence case can be thrown out.
Breath testing equipment and blood test laboratory evidence often are items of essential evidence to be used by the prosecution to prove that your breath alcohol level (BAL) or blood alcohol content (BAC) was over the applicable legal limit. For all drivers age 21 and over who are not behind the wheel of a commercial vehicle, that level is 0.080.
However, the best criminal defense attorney know dozens of ways to TOTALLY EXCLUDE many breath or blood test results. That cripples the prosecution's case, in many instances. Plus, the best DUI lawyers know other critical factors that could result in the breath testing device (or even a blood testing device) to render an inaccurate or unreliable reading, including failure to observe periodic maintenance requirements on the breath device, improper administration of the breath test, finding that the breath device has malfunctioned, or discovering that certain medical conditions of the person who "blew" into the device may have caused an additive reading on the breath machine. Working with an expert witness on breath testing, your attorney can determine if any errors likely affected your breath test results. This may be an effective, winning defense against your pending charges.
DrunkDrivingDefense.com Is Here to Help
This web site was created by one of the nation’s top DUI defense attorney, William C. Head. Over the past three decades, Mr. Head has trained and met thousands of criminal defense attorneys in the past 38 years. From all of those contacts, he has identified over 300 talented DUI-DWI-OWI-OUI attorneys across America. If you call us, he will direct you to one of those proven performers.
Through DrunkDrivingDefense.com, Mr. Head and his amazing support staff help THOUSANDS of people each year who have been charged with this serious crime to locate and connect with these highly-credentialed criminal defense lawyers. These connections will be for talented attorneys in YOUR court location. Every attorney on Mr. Head's directory has been handpicked and vetted by Mr. Head and has a proven track record of consistently obtaining outstanding results that often mean that one (or more) of the criminal charges is dropped or reduced --- often the drunken driving charge.
By choosing an attorney from our directory, you can be assured that you have a top-quality advocate on your side who will fight for the best possible outcome in your particular situation. Our number one goal is to win your case or have your serious charges reduced in an effort to avoid the life-altering penalties that follow a drunk-driving conviction. Read about these harsh consequences of conviction here: http://www.dui.tv/97consequencesofaduiconviction.pdf
More to come soon!