There are technical defenses to all of types of DUI and DWI arrest charges, that can get a case dismissed when it can be shown that chemical or sobriety test procedure was not properly followed. In one such example that was covered extensively in the news over the last couple years, a judge threw out key evidence in 25 DUI cases because of how the breath test results could be invalid. This is in addition to other national news about Supreme Court justices consider whether police may force a breath test without a warrant during a suspected DUI traffic stop or arrest.
The defense strategy and approach that is most suited to a driver’s own circumstances depends to a great deal on the facts of about the case and previous criminal record, if any. Having us review the arrest details of what exactly happened can help increase the chances of a positive outcome of getting a DUI or DWI case cleared in court early as possible, before legal costs accumulate.
Just because someone was arrested for being suspected of driving under the influence of alcohol, drugs, Marijuana, or prescription medicine – it does not make a person automatically guilty. Once a driver has their arrest information examined with us, we will explore whether the arresting officers followed proper procedure for the DUI tests. Additionally, we can uncover whether they were properly trained in the administration of the test, if the Breathalyzer unit was properly calibrated, whether or not any blood sample was contaminated, and many other possible defenses that can dismiss a DUI case.
Protecting Your Driver’s License From a Suspension After a DUI Charge
Every DUI offense involves both criminal charges and issues regarding your driver’s license. For some clients, retaining the ability to drive is as important as or more important than any consequences related to the criminal DUI charge. When arrested for driving under the influence, or facing a suspended driver’s license after a DUI, it is important that you speak with someone who understands the issues and get legal advice as soon as possible. We will work from the moment you are arrested to protect your rights and get you the best result.
With DUI and DWI charges especially, there are important deadlines that many people are unaware of and that can be missed if you don’t seek legal advice immediately. The timing of how soon a defense can be established, can make all the difference in preventing a license from getting suspended at the first administrative license hearing regarding the driver’s license status after a recent arrest.
It is important to understand that any type of driving under the influence charge is a serious offense, with serious consequences upon conviction. Even a minor first-time DUI offense will be financially costly, and may affect a person in many unexpected ways. One such newer penalty that is now imposed is a driver having to install an Ignition Interlock device on any car they drive, including a company car or vehicle driven for work.
These severe laws that determine DUI consequences is why whether a person is charged with driving under the influence of drugs or alcohol, sitting in the driver’s seat of a parked car while over the legal alcohol limit of .08 BAC, or refusing to take a Breathalyzer test, it is important talk to us about what happened during the arrest before making any decisions about what to do for the charge.
How the Types of DUI Breath Tests are Challenged
There are two types of breath tests used in DUI arrests which include the: roadside screening which you take via a hand-held device at the side of the road, and 2nd breath test which involves a more sophisticated Breathalyzer test machine at the police station or even at a hospital. The smaller portable breath test device that is first used after the traffic stop, is typically used by police on patrol or at a DUI checkpoint location.
However this handheld breath test device is less accurate than the larger DUI Breathalyzer test machines in police stations, and the results usually cannot be used as evidence during a criminal trial. However, the police use the results of this first less accurate breath test device to establish reasonable grounds to demand a further second test sample of a driver’s breath to be processed. Due to the discrepancies that can occur as well as a variety of other technical problems, there are defenses for how to fight a Breathalyzer test successfully to get a case based on these results dismissed.
For the police to properly give a roadside test to a driver suspected of a DUI or DWI offense, an officer must have suspicion that person has some alcohol in their system. An approved Instrument is a more sophisticated and reliable breath test machine used at police stations and in some DUI checkpoint police vans. This is the only Breathalyzer test that can be used against a driver in court. However, in order to require a driver to blow into this machine, a police officer must have reason to believe that a person’s driving ability is actually impaired by being under the influence of alcohol.
Before taking one of the BAC breath tests, a driver has a right to speak with a lawyer. In any potential DUI or DWI arrest situation, it is most helpful to speak to legal counsel first so that a driver is provided with proper advice for what to do next.
Some of the Costs to Expect for DUI Charges if Convicted
If you are convicted or plead guilty to DUI or DWI charges, the average penalties to expect include:
• Suspension of a driver’s license for a minimum of one year
• Having to install a car Breathalyzer Ignition Interlock device and pay for all of it’s costs and maintenance fees
• Higher insurance rates for 5 years after a court conviction
• Several hours of DUI school classes and counseling
• Mandatory heavy fines that average $1,300 for a first-time DUI offense
• A permanent criminal record, which could affect getting a job as well as the ability to travel to other countries
How a DUI Blood Test Case Can Get Dismissed
The lawyers who review arrest details submitted to us will examine the evidence against you, including the police officer’s reason for stopping you and the results of any physical tests performed on you. They will also examine the timeline of events on the night of your arrest, including what you ate and drank and whether you were on any medication that could result in a reading of a high BAC level. We will also look at when the breath or DUI blood test was done and the qualifications of anyone who administered a test on you.
The police must respect a driver’s constitutional rights under the laws and follow strict protocols when stopping, arresting and obtaining evidence from you. The local specialist lawyers who examine arrest details with us have the training to detect whether the arresting officer has lived up to their obligations. If they have not, their failure or chemical test mistakes could very well help to get the charges dismissed in court.
Most people expect to be told to take a breath test if they are arrested for DUI-related charges. Sometimes, the arresting officer will have a blood test instead done instead. Although often thought to be more accurate than breath tests in a DUI or DWI case, the blood tests are not infallible. Mounting an effective defense to get blood test results suppressed from court, requires a careful review of the arrest to find the best strategy to win.
The testimony of lab technicians in fighting DUI charges can be critical to increasing the chances of getting a pending case dismissed. The attorney who analyzes arrest information with us, will know how to utilize a driver’s rights to a speedy trial. This could even clear a DUI charge if scheduling a time to go to trial takes a longer than appropriate. In some circumstances, the scheduling problems could be used as a negotiating tactic with the prosecution attorney to agree to a less severe offense or reduced charge than DUI.
State laws lay out the DUI and DWI procedures that must be followed for each blood test taken for a driving under the influence arrest. Some of the important blood test rules include that chain of custody be established, so that it is clear that the test results are linked to the right person, that a BAC or drug blood test is sterilized using a non-alcohol cleaning liquid, and that a proper amount of enzyme poison be present in collection tubes of the blood test.
After a person has been charged with drunk or drugged driving, it is crucial never to enter a guilty plea before having us review the details of what happened. Even when a driver has failed a BAC test with a breath or blood test BAC over the limit of .08, a DUI/DWI case could still be won and be dismissed when proper help is obtained in enough time to establish a strong defense.
How Lawyers Can Get a Breath Test DUI Case Dismissed
Driver’s who are investigated for DUI and DWI charges, are usually always subjected to either a breath or blood test, sometime both. When a person refuses to provide a breath sample, they can be charged with test refusal offense. The penalties if found guilty for a DUI/DWI refusal offense are the same as if a person took the test and failed.
For a first offense, there is a minimum $1300 fine and a one year drivers license suspension on average. The resulting DUI conviction can cause problems with criminal record checks during employment opportunities and with traveling internationally.
Many new state laws, now require a DUI or DWI offender to pay for and install an ignition interlock device on any car they drive for 1 year or longer. The laws involved in DUI-related cases are complex. A driver’s constitutional rights, such as the right to consult a lawyer after being detained, frequently can become an issue in many cases.
The lawyers who examine arrest information with us have vast experience navigating their way through complex BAC breath and blood test cases successfully. They are skilled, hardworking and dedicated in helping a driver fighting misdemeanor charges of this type – achieve the best possible result with striving for a case dismissal whenever possible. The primary goal is to help a person avoid a permanent criminal DUI conviction, and help keep a driver’s license after an arrest has taken place.
We understand the negative impact that a driving under the influence charge can have on a person’s daily life, and on their future success both professionally and personally. That is why we work tirelessly to get our people back to their normal life as soon as possible, so a DUI/DWI arrest will not affect them as long as getting convicted of the offense would otherwise.
We help to make sense of the complex laws surrounding drunk and drugged driving charges, and are experienced in helping people who have been arrested with every type of these offenses. There are a number of defenses available, and every situation is unique. As these recent news reports about chemical tests prove, after a driver has been charged with DUI, DWI , or a breath or blood test refusal offense – a person will need to know what rights they have and what possible options could get the case dismissed in court.
- A Judge Throws Out 25 Breath Test DUI Cases – How Improper DUI Tests Can Dismiss A Case - February 4, 2018
- Is There Any Way to Avoid a License Suspension After a DUI Charge? - January 26, 2018
- Will I Have to Go to Jail for a DUI? - January 16, 2018
- Does It Make a Difference if I Hire a Lawyer for My DUI? - January 11, 2018
- Is a Public Defender Any Good for Challenging or Taking On a DUI-Related Court Case? - January 3, 2018
- I Was Arrested for DUI, but Don’t Have a Court Date Yet. How Long do the Police Have to Charge Me With a DUI Offense? - December 27, 2017
- What to Do When You Have Been Falsely Charged With an Unjust DUI Offense Arrest - December 15, 2017
- What Happens When Teens Get DUIs? - December 13, 2017
- Case Study: DUI Offense Rates By State - December 10, 2017
- Police Arresting Drivers with Near Fatal BACs - December 5, 2017