You or your family member arrested for driving while intoxicated? Even if you think he’s guilty, is still in your best interest to get a lawyer!
After being arrested for driving while intoxicated, DUI or DWI, you may feel so ashamed that you think should go to court and plead for mercy, or simply admitting to driving while intoxicated and should receive his punishment.
However, you may not be the best person to assess all the facts. Even if you have specialized in the area of DUI or DWI (what is not usually the case) legal training, if charged with driving while intoxicated you probably do not have the objectivity required to analyze the case of any and all defenses or potential weaknesses.
Luckily, our American system of justice requires that the plaintiff has the burden of proving beyond a reasonable doubt the guilt of someone accused of DUI or DWI. This is the same legal standard used in the most serious criminal cases.
This is important! It is not “just a DUI!” Drunk driving, or driving under the influence of alcohol or drugs is a very serious charge, with very serious consequences.
A trained lawyer DUI or DWI Attorney will review the case through the eyes of a trained professional. An experienced DUI lawyer will know the difference between someone who just “feels” guilty, someone who really is guilty, based on the law and applicable legal standards.
Real defenses DUI / DWI
Even if the breathalyzer says you are above the legal limit that does not automatically mean that you are guilty!
There are many defenses for DUI or DWI, and these should be explored before you even consider pleading guilty to DUI or an offense related to driving while intoxicated.
Since the plaintiff has the burden of proving each and every element of the case without a doubt, you as a defendant need only create a reasonable doubt in one area, in order to prevail against a charge of driving under the influence.
Many people have a misconception common concept. It is perfectly legal to drink and drive (but not at the same time!). It only becomes illegal when a person is legally under the influence.
Under the Influence of Alcohol and Narcotics
“Under the influence” is defined differently in each state, but generally means that a person has been drinking an alcoholic beverage (or taking drugs) to the extent that their physical and mental abilities are so impaired that no longer has the ability to conduct a motor vehicle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances.
The defense to criminal charges may come from many different areas, and consultation with legal counsel on DUI or DWI is critical to decide which will be applied in any given case. An experienced DUI or DWI lawyer will know what kind of conductive patterns are consistent with sobriety, they revealed the evidence of field sobriety, and what factors may have influenced the chemical test, thus making it unreliable.
The Rise of Defense BAC
A DUI or DWI lawyer will know the BAC (Blood Alcohol Concentration) was “rising” – below the legal limit when driving, but above the limit when the police officer who arrested him, he managed to prove it.
Alcohol is absorbed into the human body over time. Many factors, such as drinking patterns and stomach contents can impact how quickly alcohol is introduced into the system. It is as far as possible that someone is below the limit of legal tender at the time of driving, only to have her blood alcohol level increasing with the passage of time, to the point of being over when legal limit breath test or Blood was administered.
Other defenses related to the reliability of actual chemical results. Some people are simply not suitable for breath test due to dental problems, which captures the spirit in the mouth and create false high results in breath test. Others suffer from medical conditions such as persistent heartburn (GERD), which can cause false high readings on breath tests. Only takes one millionth and a billionth of a fluid ounce of alcohol to register a .10 on a breath test machines. This is above the legal limit in every state, and may result in a criminal conviction – unless various mitigating factors are fully explored by an experienced DUI defense lawyer.
Every state has laws about maintenance, calibration, and accuracy of the breath test equipment to screen people arrested for DUI, DWI, or driving under the influence. Perhaps the device that examines the breath was improperly calibrated. Perhaps the person operating the machine was not properly trained or certified to examine suspected DUI.
A criminal defense lawyer who only exercises general criminal defense did not even know where to find this information. A trained and experienced DUI / DWI, moreover, counsel will.
Why use an experienced DUI / DWI lawyer?
- A DUI attorney review the police reports true for any inconsistency
- DUI Attorney deleted evidence should be excluded
- A DUI lawyer will get calibration records and checks accuracy of real breathalyzer used
- A DUI lawyer will re blood samples checked by an independent laboratory
- A DUI lawyer will use weaknesses in the case to negotiate a better deal with prosecutors
- A DUI lawyer to go to court on your behalf, so you do not have to interrupt their regular schedules
- A DUI lawyer will get expert witnesses to support their case
- A DUI attorney represents him to protect his driver’s license.
- In short, a qualified DUI / DWI lawyer knows what to do to protect it, even if you guilty.
- REMEMBER! There is a difference in feeling guilty, guilty!
A good defense attorney qualified DUI or DWI know how to properly mount a defense on your behalf in all these following areas:
- Driving while intoxicated
- Probable Cause
- Miranda Warnings
- Implied Consent Laws and Warnings
- “Under state” and blood alcohol concentration
- During the actual test absorbent alcohol phase
- Retrograde extrapolation
- Regulation of the methods and apparatus of proof alcohol – including breathalyzer
- License suspension hearings
- Finding the Right Lawyer
After being arrested for DUI or driving while intoxicated, the first and most important thing to do is find the right and experienced in this particular aspect of the criminal defense lawyer. It is like looking for a doctor to make a major medical procedure; once you find the right professional, your job is to let it do the work.
Each attorney should have a proven success going to trial in appropriate cases their history. When you need an experienced defense lawyer specified in DUI or DWI, you’ll get a lawyer who knows the details of the specific statutes of driving while intoxicated in your state.
Our attorneys are always accessible, returning your calls professionally and promptly. You are also sure to keep lawyers who are abreast of all the newest legal information – such as attending conferences and lectures emphasizing the latest in defense of DUI or DWI. Our advocates in DWI lawyers also belong to one of several state and national organizations dedicated to defending those accused of DUI or DWI.
Coasting ATTORNEY TO CORRECT DRIVING UNDER STATE OF INTOXICATION
As in most criminal defenses, the cost of a defense lawyer in DUI / DWI varies. Here are some of the main factors involved:
Location of arrest
- Lawyer’s reputation, skill and training
- Number of hours required for a particular case
- Whether an accident or other aggravating factor is involved
- Previous convictions for DUI or DWI
- Whether a jury trial needed
- Whether an audience of DMV or driver’s license is required
- Whether you are an expert witness or witnesses are necessary
- Each of these factors and affect the fee of a DUI lawyer to defend him against the charge of driving while intoxicated.
There is always a written agreement specifying all the details and expected payments.
Hiring a DUI or DWI lawyer to defend a case of drunk driving is an important decision. There is plenty at stake. We know that no matter how many cases we handle, or those who have represented before, the only case that matters to you is yours.
You should feel comfortable with every aspect of your relationship with one of our trained lawyers on DUI or DWI, including financial arrangements.