Common Problems in DUI Defense
Your DUI defense is based on what? Either you're innocent or guilty. A DUI defense, however, will not be based on exactly what you say, but how you say it, when you say it, and how it reaches the judge or jury.
A driving under the influence (DUI) case is based on how you testify, how you were tested, your background, and the validity of both the officer and the BAC tests.
What's a BAC?
Blood alcohol content is how your case is often decided. For instance, if you're pulled over, you admit to drinking some, and you are tested with a breathalyzer, that will be testing your blood alcohol level. Further studies include actually blood tests and sometimes urine tests. Blood tests are by far the most accurate; alcohol is absorbed by your blood, not urine.
What is the limit for drinking and driving?
Every single state in the country uses the BAC level of 0.08 percent. That means if you're tested and it shows a BAC of .10, you will be charged with a DUI. How do you know if you've reached the 0.08% level? Rarely can you be sure. Everyone takes alcohol differently, and no two bodies are exactly the same. It's best to be conservative and never driver after drinking.
Failed the Breathalyzer
What is a breathalyzer? Most are fortunate to have never seen one, but it's a simple device designed to test your BAC levels. If you failed the breathalyzer, you will be charged with drinking and driving, called a DUI or DWI in most states.
Refused or Accepted the Sobriety Test
Did you know you can actually refuse to take a sobriety test. First, be clear on what this means. If you refuse a breathalyzer, you can be charged. However, sobriety tests factor in your physical and mental aspects; if you can't walk in a straight line, if you can't count backwards, these point to DUIs. In fact, you can pass the breathalyzer and fail the sobriety test. Still, you have the right to refuse the sobriety test at any time. There are no laws stating you have to take it.
Hiring the Right Lawyer
The best defense for a DUI is being honest. Also, hiring the right lawyer can greatly increase your chances of success. Professional DUI lawyers know all the laws, and can plan an effective defense for your case. If you're charged with a DUI after failing a breathalyzer or blood test, you may think it's over. You can still fight the charges, including if the officer had probable cause to pull you over and if the tests were accurate.
If You Can't Afford a Lawyer
It's always good to hire a DUI lawyer who can spend a lot of time with you, but sometimes that costs money. Know the laws, but don't ever represent yourself. At the least, ask the court to appoint an attorney.