| u have been arrested on suspicion of DUI, one of the | | | | relation to the time you were pulled over, as both can |
| first things you do should be hiring a skilled DUI | | | | affect the results. Many DUI cases are discharged |
| attorney. A DUI conviction comes with harsh penalties, | | | | after it is argued that the device used to test BAC has |
| and if you want to avoid having a DUI conviction | | | | a weak track record. |
| affect your life for many years, you must have a | | | | In addition to arguing that the machine itself resulted in |
| strong defense during your DUI court hearing. It takes a | | | | an improper BAC reading, DUI defense lawyers may |
| skilled attorney to come up with a viable defense | | | | also argue that the breath or blood exam results were |
| strategy. Police officers and judges have heard every | | | | incorrect for other reasons. Many lawyers use the |
| denial and excuse under the sun, and it just won't hold | | | | “belch defense.” The idea behind this |
| a lot of weight in court. Hiring a good DUI lawyer is | | | | defense is “mouth alcohol |
| essential in order to present a realistic defense in court. | | | | contamination,” or the idea hat burping before |
| DUI lawyers often challenge the evidence presented in | | | | the test is administered will raise the amount of alcohol |
| court by the arresting officer. This evidence may | | | | detected on the breath. Because of this defense, |
| include testimony about how you were driving before | | | | police officers in many jurisdictions must watch the DUI |
| you were pulled over, including symptoms such as | | | | suspect for at least twenty minutes before |
| weaving or swerving. Then, you can expect the police | | | | administering the test. Some medical conditions can |
| officer to testify about the results of field sobriety | | | | also raise the amount of alcohol detected on the |
| tests such as walking a straight line, standing on one | | | | breath. |
| leg, or saying the alphabet backwards. These | | | | DUI attorneys can also be expected to bring up |
| subjective observations are one of the main reasons | | | | arguments about the way other evidence was |
| you should not submit to field sobriety tests if asked, | | | | collected. Police offers must observe proper |
| but if you already have, a skilled DUI attorney may be | | | | regulations to acquire evidence, such as having a |
| able to fight them. There are very specific procedures | | | | reason to pull you over. If this proper legal basis is not |
| which must be followed in order to administer a field | | | | followed, the evidence collected during the stop may |
| sobriety test; if these rules are not followed precisely, | | | | be inadmissible in court. |
| the results are considered invalid. | | | | Consultation with a criminal defense lawyer who |
| It is more difficult for a DUI lawyer to fight the results | | | | specializes in DUI cases is critical to determine the |
| of a blood or breath test, although it can be done. | | | | potential defenses that may apply in your situation. |
| These tests are used as a more objective standard | | | | There are many procedures that police officer must |
| by which to judge a person's level of intoxication. It is | | | | follow when stopping someone on suspicion of DUI. |
| prohibited to drive anywhere in the country with a | | | | There are also many things that you can say or do on |
| BAC of 0.08% or higher. DUI defense lawyers can | | | | the day of your arrest that can greatly affect the |
| dispute the validness of this test based on the testing | | | | potential defense strategies presented by your legal |
| equipment used, as well as the time of the test in | | | | counsel. |