In previous blogs we discussed DUI arrests, the severity of DUI penalties and how important it is to get legal counsel from a professional DUI lawyer. Keep in mind, not taking your DUI arrest seriously can lead to severe DUI penalties such as: high fines, jail time, probation, license suspension, increased cost of insurance and mandatory alcohol education classes, even if you are a first time DUI offender.

In our blog yesterday we discussed defending against an officer’s failure to establish probable cause before your DUI arrest and how a DUI lawyer can review chemical testing procedures. Today, we will review whether or not the arresting officer gave you all of the proper warnings before your chemical test and DUI arrest, whether you were really intoxicated at the time of your DUI arrest and whether your field sobriety testing was done properly.

Warnings not Properly Given

The types of warnings which must be given prior to administering a chemical test may differ by state. Some states require a police officer to provide you with specific warning, while other states do not. If your state requires the police officer to notify you of the consequences of refusing to submit to a chemical test, your DUI lawyer can make sure this was done.

If you were arrested for DUI, your DUI lawyer will make sure that you were read your Miranda Rights. These rights include the right to remain silent, to hire a lawyer, and if you cannot afford a lawyer, to have one appointed to you by the state.

Breathalyzer Test Done During the Absorptive Phase

Defense lawyers also commonly claim that there may have been an error in the breath alcohol test if an individual was tested too early. Defense lawyers will claim that if your blood test was done too early, the chemical test may have registered an inaccurate reading because the alcohol you consumed had not been uniformly distributed throughout your body. A DUI attorney can review if your breathalyzer test was done too early and your blood alcohol concentration was calculated accurately.

Faulty Field Sobriety Test

Field sobriety tests have been standardized for many years and include the walk-the-line, one-leg stand and the horizontal gaze nystagmus test. Standardized field sobriety testing is used to identify drivers who are driving under the influence of alcohol. The National Highway Traffic Safety Administration claims that, if done according to established standards, the tests have a high rate of accuracy.

Unfortunately, police officers, even highly trained ones, are human and they are making judgments based on subjective observations. It may be easy to misinterpret certain behaviors.

If you failed the field sobriety test, your DUI lawyer can review the field sobriety testing procedures and determine if there are any other factors which could have affected your ability to successfully complete the tests such as age, medication, and/or physical impairments.

Hiring a DUI Lawyer

From our discussion yesterday and today, you can see that a DUI arrest does not necessarily mean you will be convicted of a DUI. DUI lawyers can evaluate every part of the DUI including:

• Was there probable cause for the DUI arrest?
• Were you read all the appropriate warnings prior to submitting to a chemical test?
• Were you read the Miranda Warning prior to your DUI arrest?
• Was the field sobriety test performed accurately?
• Was the Chemical test performed too early to register an accurate BAC level?

If you have been arrested for DUI, contact a DUI attorney. A DUI attorney is an expert in defending against DUI charges. Do not leave your future to chance, especially if you have multiple DUI arrests. A DUI conviction can have severe, long-term consequences.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!

Most drivers have heard not to take a breathalyzer test if they are stopped for a DUI but is that the best choice? Have you ever wondered if they can still arrest and convict you for DUI without the test? Does it depend on where you live or is the choice the same for all drivers?

Refusing a Breathalyzer Test

All states have passed Implied Consent laws which means that when you are stopped for driving under the influence of alcohol (DUI) you have given you “implied consent” to submit to a chemical test. It is illegal in every state to operate a motorized vehicle with a BAC of 0.08% or higher and chemical testing of your blood, urine or breath can determine your BAC or blood alcohol concentration level.

What does the Implied Consent laws include? If you are stopped by a law enforcement officer, under Implied Consent laws you have agreed to produce your driver’s license and insurance information, perform a field sobriety test if requested and to submit to a blood, alcohol or urine test.

If you refuse to take the breathalyzer test you can be arrested under a state’s per se laws as long as the police officer has probable cause to believe you are intoxicated and you may be a danger to others or to yourself.

What is considered probable cause? Any type of behavior that may indicate you are intoxicated including speeding, slurred speech, alcohol on your breath, running a red light, driving the wrong direction, weaving in and out of traffic, tailgating or driving without your headlights on. Drivers who are stopped without probable cause should contact a DUI lawyer immediately and discuss the details of their DUI arrest.

Most drivers do not realize that not only can they be arrested for refusal to take the test or failing the test, but they may also have their license suspended for up to one year, even if they are not convicted of driving under the influence of alcohol (DUI). Keep in mind that administrative license suspensions can be challenged within a specified timeframe. If you have had your license confiscated by a police officer, talk to a DUI lawyer about appealing the license suspension.

The idea behind implied consent laws is that driving is not a right, and the goal of protecting the public’s safety is elevated above a driver’s personal rights. Opponents of the laws claim that because the administrative license suspension is in addition to other criminal DUI charges which might be brought against the driver, the driver may be subject to punishment twice for DUI, first by the Department of Motor Vehicles and then by the criminal justice system.

So should you refuse a breathalyzer test? It really depends on where you live, and it is critical to understand your state’s DUI laws before you make this decision. State laws can vary for a breathalyzer refusal. Some state penalties may be more severe than if you had failed the field sobriety tests. Other states may consider a breathalyzer refusal as an indication of guilt, and your refusal may be used as evidence against you at your DUI trial.

Hiring a DUI Lawyer

DUI lawyers will do everything they can to help you. DUI attorneys can review your DUI arrest, make sure the police officer had probable cause to make the DUI stop and make sure that if you did submit to the breathalyzer test that it was performed accurately. If you need help, place your confidence in an experienced DUI lawyer who will help you get the best DUI defense possible.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!

In many states, if you have been stopped for a DUI you have the right to an independent blood or urine test that can be maintained and later analyzed to compare with the results from your breathalyzer test. Why is this needed? Because according to the U.S. Supreme Court in California v. Trombetta, if you have been administered a breathalyzer test there is no legal right for the officer to save the sample and allow the defense to independently review it at a later date.

Getting a blood or urine test may be a legal right, but officers are often reluctant to notify a driver that they have this right. Why? They do not want to take the extra time that is needed to find a technician to perform the test so the law is routinely ignored by police officers.

If you have been arrested and your legal right was violated, what recourse do you have? It depends on the state. In California, according to the law which states, “no failure or omission to advise pursuant to this section shall affect the admissibility of any evidence of the alcohol content of the blood of the person arrested”, it may be impossible to suppress the breathalyzer test as evidence, even though the mandatory law was ignored by the California police officer.

Some state courts, however, have concluded that the breathalyzer may be suppressed if certain attempts were made by the officer to interfere with the blood tests. In State v. George, the Kansas court decided that the breathalyzer test should be suppressed because the officer did not allow the driver to take a blood test. The officer refused the request because he believed it would take too long to drive the suspect to a hospital and have the procedure completed.

So does a driver have the legal right to request a blood sample? Yes. Does the officer always honor that request? Sometimes and if they do not, you may have very little legal recourse. This is called a right without a remedy, and if it happens to you it is time to find a good DUI lawyer.

DUI lawyers understand the complexity of DUI laws and can help you even if you have been arrested for DUI for the very first time. DUI laws have become more severe and even first time DUI offenders may have their license suspended and have to pay high fines and penalties.

Do not try to handle a DUI charge on your own. Find a DUI attorney who can answer your questions and help you move forward with your life.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!

In all states, drinking and driving offenses can lead to some major legal problems. State laws do however differ, and so do some terms. For our purposes, DUI and OWI and DWI, driving under the influence, operating while intoxicated, and driving while intoxicated, mean the same thing: you are driving a vehicle down the road and have high amounts of alcohol or drugs in your system. How these laws are enforced can be quite different from state to state and judge to judge.

But why are you pulled over in the first place? Who can help? Answers to these questions and many more are given in this short guide.

Why are you pulled over?
Typically, an officer pulls you over on either a suspicion you’re drinking because of your driving or because you simply broke a driving law. It can then lead to a DWI case, where you potentially face jail time, fines, license suspension, probation, and mandatory classes.

If you break normal driving laws such as speeding, it does not always mean you will be tested for alcohol. The officer may not suspect this, and you may obviously not be drinking. But if you break a law, perhaps at night, and your driving is odd, the officer may suspect you’re intoxicated. If you swerve in and out of lanes, speed, run a stop sign, or any other way your driving is hurt by intoxication, you will likely be pulled over on sight.

In some cases, the reason for you’re being pulled over is illegal. The officer must have clear suspicion you’re drinking, but may pull you over for no reason other than because you are a minority or you have a certain type of car. This can be hard to prove, but it does occur.

What if you refuse a breathalyzer or other sobriety test?
If you’re pulled over and refuse a breathalyzer test, your license will immediately be suspended. Many state laws punish you less if you take the breathalyzer and fail rather than refusing and being charged. Also, other sobriety tests, such as walking a straight line, can legally be refused with no punishment, though it depends on the state.

If you refuse a breathalyzer, in most cases you face charges.  It’s then time to contact an attorney.

What if you are on medication?
Drinking and driving is not the only DWI offense; you may be using illegal drugs, or using legal ones which you shouldn’t be taking while driving. If you take even a legal drug which impairs your driving, you can by law be charged with a DWI.

What charges do you face?
Typically, punishments are the first thing on your mind once you’re pulled over and know you’re intoxicated. Unfortunately, penalties are very high, though lesser for first time offenders. For a first offense, you can expect your license to be suspended for six months to a year, to pay some fines, to stay in jail for a few days, face probation, and be required to take some classes on driving. The more charges you get, the more penalties you receive. If you are a repeat offender, you may even face prison time because of felony charges.

Who can help you?
You have rights in any DWI case, and one key right is told to you upon arrest. You have the right to an attorney. You cannot do this alone. Attorneys are not free, but no matter the offense, no matter if you’re innocent or guilty, you need to pay the fee. However, not all DWI attorneys have the time, experience, and knowledge to defend you. Be thorough in comparing rates, experience, and time to help.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!

Breathalyzers effect all states DUI and DWI cases.

The problem is that sometimes they can be inaccurate, especially because they are actually a breath collecting devices which the officers will adjust for accuracy.

That means they can be falsely positive. While considered rare, it happens. There are other downfalls of how DWI cases are based. Breathalyzers are just one potential mistake.

The officer could make a mistake.
You could not have been driving the car.
An actual BAC (blood alcohol content) test could prove you were not over the limit upon further study.
A sobriety test could have been incorrectly performed.

What is a breathalyzer?
The breathalyzer is a device used by officers in New York state and other states for testing drivers BAC levels. Say for example you drink 5 beers and get behind the wheel, drive, and start swerving in the lane or run a red light. At this point, the officer has probable cause to pull you over. The breathalyzer is a device used with punishment for denial; if you refuse to use it, you likely face charges.

The breathalyzer works like this. It has three sections — one for collecting your breath, one part chemical system sensitive to alcohol, and the final part a scientific test for testing photo cells. All that really matters there is how the BAC is come to. You blow out, the breathalyzer collects your breath, and then it’s up to the officer to test your alcohol levels.

Are they wrong?
Yes, they can be wrong. They are correct the majority of the time, but just as not every scientific test in school usually goes through several phases for accuracy, the breathalyzer is often used in conjunction with other forms. If there is no other guideline for your arrest, you have a chance at DWI defense. The officer can in many cases get a false positive.

What matters in New York?
In New York, drinking and driving is called DWI (driving while intoxicated). Breathalyzers are very common across the country, and in New York. If you are pulled over here, you need professional counsel on how to handle the situation.

How do you defend in court?
If you are charged with a New York DWI, you need an experienced attorney to fight your case. Yes, it is possible to defend yourself, but rarely worth taking the chance. New York law means you face a fine,  license suspension, and potential jail time just for your first charge. If you get further charges, you might face felony charges.

To defend in court, a professional lawyer will make his or her point on things like the validity of the breathalyzer, how others tests were used, and how the officer acted.

Juries and sometimes even judges can put aside breathalyzer tests, but usually only when the tests are close. If you are clearly far over the legal limit, few judges and juries will believe your case completely.

On the other hand, how the officer acted in your arrest isn’t to be overlooked. An experienced New York DWI attorney can fight your case if the officer had no probable cause to pull you over, if they never read you your rights, and even the validity of any sobriety tests.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!