DUI Defense Strategies
Criminal Defense Attorney
If you ever find yourself in the frightening position of facing a DUI charge, then you had better be ready to research and hire the best DUI criminal defense attorney you can afford. It used to be that a DUI was not considered such a big deal. The penalties were lighter and not necessarily a career ender or a huge hurdle in finding new employment. That is not true today. Increased social and political pressure from groups such as Mothers Against Drunk Driving (MADD) and Students Against Drunk Driving (SADD) to prevent and penalize driving under the influence has created a corresponding increase in the severity of penalties imposed and lowered the amount of a substance that someone may have in their system before they are considered to be driving under the influence.
Some of the immediate results prior to conviction or being convicted with a DUI offense may make it difficult to maintain employment. In many states, a drivers license may be suspended or revoked upon conviction of alcohol related impaired driving. Prior to conviction, a license may be suspended or taken if a driver either fails or refuses to allow a chemical test to be administered. For many states there is a hearing soon after the arrest to determine the drivers licence suspension you are best severed to have retained a DUI defense specialist before this hearing if you want the best chance of keeping you on the road during the legal proceedings which will take several months in many jurisdictions after the first hearing before you will be in front of a judge again.
In forty-five states a conviction of DUI may result in the offender being able to drive their vehicles only after being equipped with an ignition interlock device. There are 30 states where vehicles must be forfeit if there are multiple offenses for driving while impaired by alcohol. Anyone who depends upon their vehicle for their livelihood may have their financial situation dramatically impacted by DUI offenses. For future employment, you may simply be passed over if you have a conviction for DUI on your record. If you have filled out anything on your application in the conviction section, your application may simply be discarded without further explanation by prospective employers and you will never be given the opportunity to explain yourself.
There is hope for people charged with DUI. There are DUI defenses that can be used by knowledgeable criminal defense attorneys familiar with the laws of your state and the technical requirements for a DUI conviction.
There are several areas where a DUI charge can be successfully defended in court; however all require the assistance of an experienced defense attorney knowledgeable about DUI laws.
- Breath Tests – Devices used to perform breath tests on suspected drunk drivers do not always perform accurately. If the device has not been calibrated correctly it can give a false high reading. Additionally, if the officer who administered the test is not certified to operate the machine the results may not be useable in court.
- Blood Tests – Samples used for blood tests should retested to verify that there was enough preservative in the vial used for the sample. If there is not enough preservative in the vial then the blood could ferment giving a false high blood alcohol reading.
- Stopped for Cause – Unless there is a random roadblock set up where all vehicles are being checked, you need to know why you were pulled over. Late at night some officers may assume there is a likelihood you have alcohol in your blood and will make a late night stop looking for a DUI offense. If there is no probable cause to pull you over in the first place a judge may throw out your case.
- Field Sobriety Tests – Not every type of field sobriety test is considered reliable. The national Highway Traffic Safety Administration has set standards and many police officers all over the country administer a hodge-podge of field sobriety tests which are not considered indicative of intoxication. For example, touching your finger to your nose, reciting the alphabet and standing on one leg are not considered reliable indicators of intoxication. If you were booked on the basis of these types of tests your case may be winnable.
There are at least 30 other areas of DUI law a good attorney can look to for help in your DUI case. Each case is unique and needs to be thoroughly examined by a professional to determine if you have a legitimate defense against a DUI charge. Hiring a good criminal defense attorney to defend you against a DUI charge is essential because the results of a conviction can be permanent and life changing.
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This is not legal advise. We are not lawyers. If you have a question take it to a licensed attorney.