| Many people assume that a driving under the influence | | | | intoxicated the day/night in question. When you're |
| driving while intoxicated (DUI/DWI) case is open and | | | | pulled over, always be polite to the officer even when |
| shut. After all, the evidence rests largely on two tests: | | | | you decline to submit to the tests. Be sure you're calm |
| the blood alcohol test and the Breathalyzer test. | | | | and don't answer any questions without legal |
| However, it's not so open and shut, there are several | | | | representation. Remember your arrest comes when |
| factors that can and do affect a DUI case's outcome. | | | | there is enough probable cause gathered; make sure |
| The most important factor is whether a breathalyzer | | | | the state's case against you is weak by not giving |
| test was performed and its outcome. In many cases, a | | | | them any extra evidence. Your behavior and |
| breathalyzer test yields a significantly higher result than | | | | demeanor will be carefully watched by the police |
| a blood alcohol test taken the same time. Though | | | | officer. |
| these test results are relatively unreliable, they will | | | | Not only is your conduct once once you are stopped a |
| usually hold up in court. If you are stopped on suspicion | | | | factor in your DUI case, but so are your actions while |
| of DUI, do not submit to a field breathalyzer test. If | | | | driving under the influence. If you commit traffic |
| your case is built on breathalyzer test results, it is | | | | violations or hit anyone or anything while intoxicated, |
| imperative that you consult with a DUI lawyer to avoid | | | | your chances of being convicted of DUI increase. |
| a possible wrongful conviction. | | | | They also give the officer clear reason to pull you |
| Other important factors of any DUI case include blood | | | | over, so your DUI lawyer will have no basis to argue |
| tests for alcohol and sobriety tests. You should always | | | | that the officer did not have probable cause to stop |
| avoid these tests if you are stopped on suspicion. | | | | you. |
| These give the police more evidence and do not really | | | | The last thing which will affect the quality of your DUI |
| give you an opportunity to clear yourself. There are | | | | case will be the judge you get assigned, and also your |
| actually a number of reasons why many people fail | | | | DUI lawyer. Some lawyers will be much fiercer about |
| sobriety tests even if they are in fact sober, they may | | | | drunk driving than others. A reliable DUI attorney will be |
| have a disability or other illness. It's a good idea to allow | | | | able to fight against the state's case; these are |
| a blood test when requested as this isn't completely | | | | professionals and know the best techniques to get |
| accurate and a very good DUI lawyer should be able | | | | you off. There are lots of different rules which need to |
| to look for mistakes. | | | | be followed to the letter, if any of these are broken |
| A third factor looked at in a DUI case is how you act | | | | then the evidence will be inadmissible in court. By |
| during a DUI arrest, as it will come into play against you | | | | knowing your legal rights and getting reliable legal |
| in the court of law. A prosecutor can use the tests | | | | representation you stand a much better chance of |
| and your conduct to show that you were indeed | | | | getting off your DUI charge. |