Driving while under the influence (DUI) is against the law, and can result in severe consequences. If faced with a charge, those involved should look for DUI defense: What are your options when charged? No matter what area you live or drive in, DWAI, DWI or DUI all refer to driving under the influence, and any charges will require the assistance of a reputable DUI defense lawyer.
According to law, any driver 21 years of age or older is considered intoxicated if their blood alcohol content reaches .08 percent; for younger drivers, the level of intoxication must reach .01 or .02 percent. Usually, the blood alcohol test is an undisputed form of evidence; however, attorneys can challenge its validity, and if questioning is executed properly, it may become utterly inadmissible in a case.
What are your options when charged?
When charged with driving under the influence, a person’s driver’s license can be confiscated. At least 42 states adhere to this policy. When faced with a DUI charge, it is important to consider your options: A DUI defense attorney can inform you of your rights. They will know if you will lose your license if you can be incarcerated, first offense penalties and make note of any discrepancies made by law enforcement officials.
Who was actually driving the car?
If you are parked and the officers did not actually see you driving, a DUI case is more difficult to prove. This is at least controversial.
Your word against the officers:
It is not abnormal for a person to have a different view from the police. He or she may have perceived a state of behavior that might have been mistaken.
If there was no reason for a stop, anything found could possibly be inadmissible. A traffic stop requires probable cause. If the stop is brought into question, a test of any kind may be removed from the legal process.
Miranda Rights Failure:
When arrested, it is required by law that an officer recite or read the Miranda Rights: if this is done incorrectly or not at all, certain evidence goes out the window.
Witnesses with a different opinion:
People talk lively sometimes when out for a night of fun. This will show another side of the DUI case and perhaps prove it was not the drinking, but the chatting that may have brought on erratic driving. Running a red light or crossing a line while driving is not a good determination of driving under the influence, and a DUI defense lawyer can assist as a strong legal shield.
Many people have driven when too tired or suffered from a lack of sleep. These physical problems create reaction problems when driving or doing other activities. If it is demonstrated, these factors had a bearing on your physical behavior during a traffic stop; you may have a defense. In a stressful situation, instructions can become lost and people become confused. A person may have physical problems, items might be sitting in the roadway or a person may be taking medication.
Blood, Urine, Saliva Defense:
Since it takes about 45 minutes for alcohol to show up after ingestion, it is possible for a person not to be intoxicated upon beginning their drive. The blood alcohol limit will change over the period during the absorption period. It is also possible for a test to prove inaccurate when certain foods or medications are ingested. Testing is also regulated
There are dozens of things that may cause a person to appear to be under the influence. A DUI defense lawyer is familiar with each idea that may help his or her client. Finding the right defense may depend upon what happened in your particular arrest. A case may be in process but have your case looked at by an attorney. With a lawyer’s assistance, charges may be dismissed or at least reduced. Fines and jail time can cost families homes and livelihood.
Contributed by: http://www.kenneylegaldefense.us