DUI Defense

DUI (driving under the influence) is a serious offense in most states and may be considered as a misdemeanor or even felony in some cases. DUI arrest usually implies a fine, vehicle immobilization, permanent criminal record, community service, temporary license suspension, and increase in auto insurance rates. Sometimes, more severe cases involving injury or property damage can mean jail time. Prosecution will use field evidence collected at the time of your arrest to prove that you were under the influence and convict you of a DUI. To determine if you are legally drunk, you were subjected to a breath test, at a minimum. There could have been urine and blood tests to establish your blood alcohol content (BAC). You did not have a right to refuse these tests. In most states, refusing to take these tests can result in variety of additional penalties, sometimes as severe as losing your license for an extended period of time.

There are a lot of technicalities involved in a DUI case. If you can afford an experience DUI attorney, it is a good idea to talk to one about providing a solid DUI defense. DUI attorneys are very experienced in details of blood analysis, urine analysis and drug evaluation, as well as breath test results. They can often find technicalities that discredit the incriminating evidence. A variety of factors may have affected the sobriety test, such as environmental conditions when you were arrested. Police officer’s testimony can also be analyzed for mistakes and omissions that could be used in your DUI defense. DUI attorneys can obtain third-party analysis of test samples and question the calibration of the breath-test device used during your arrest. Another thing a lawyer can do is claim certain evidence to be inadmissible on a number of technicalities. There are really a lot of nuances involved in a good DUI defense.

However, if you can’t afford a DUI attorney, you can use the same arguments in your own DUI defense. A number of factors can be brought to the court’s attention to question the legitimacy of your DUI arrest. The most crucial factor is a lack of scientific objectivity of the field sobriety tests. The result of each test is base don the officer’s biased observations. By simply asking the driver to take the sobriety test, the officer is displaying a bias that will contribute to his lack of objectivity. Inevitably, this bias can cause him to misconstrue common human behavior as evidence of intoxication. It is important to bring to court’s attention that the three standardized tests – horizontal gaze nystagmus (HGN), walk-the-line, and one-leg lift – are far from being reliable and accurate. The one-leg stand is 65% accurate, while walk-the-line is 68% accurate. The HGN has an accuracy of 77%. This information can be used to question credibility of field sobriety tests, because accuracy depends on environmental conditions. The one-leg lift should be performed on a smooth, level surface; was yours? More often this test is performed at the scene of arrest, on a rough irregular surface, which will affect balance. The walk-the-line test should be conducted with adequate lighting and straight line to guide walking; usually it is performed at night using cracks in the road. Furthermore, both tests are virtually useless if executed by someone who is overweight. Being over 60 and having various medical conditions that affect balance and depth perception will render the test results useless.

All these and other factors can be used to present a solid DUI defense even if you do not have a DUI attorney.