First arrest on a first offense DUI charge is not something that would even cross your mind if you decide to go to dinner with your wife, your friends or family, and three or four drinks for dinner, but chances are arrested very real. If you are on a first offense DUI charge arrested in a state that the amount of information that have to meet you and is in process is very overwhelming to say the least. If you are arrested recently on a first offense DUIcharge must be aware that there is a limited opportunity to avoid if you want to suspend your driver's license or revoke hope.
The mistake a lot of first time DUI offenders do is to accept that their case be in court to strike or not that they do not need to hire a qualified DUI lawyer in court while representing them. An experienced DUI lawyer is your opinion about your case in a manner that is not the situation would be your to do on. The lawyer will also helphave access to evidence in your case you do not collect in a position to own.
The defense of First Offense DUI Charge
Just because you registered a.12% blood alcohol content at the police, you should not assume that you are guilty of driving under the influence and were not to defend your case in court. One of the first things you should do your lawyer, the police request the breathalyzer machine calibration and maintenance of the historyStation. The reason is to do this is your lawyer to check the machine to see history, whether it was or if any problems with the machine in the past, the police has failed to maintain the machine per standards.
When presented to a blood test instead of a breath test, your lawyer, a sample of your blood out of the police and an independent laboratory to perform a blood alcohol level analysis to confirm or challenge the policeDepartment findings. The burden of proof if you are not guilty of a first offense DUI is solely on the shoulders of law enforcement. The prosecution, the jury must, in fact, prove that you were above the legal limit of.08% at the time of ride, not the police.
An experienced DUI lawyer will also be able to refute any field sobriety test you to prove that the police have against when you perform, be voluntary. Yes, I said voluntary.The field sobriety tests are not mandatory in every state. There are a number of factors that have an effect on how well someone on the field sobriety tests, including:
The weather. Rain, snow and cold have an influence on the test result.
Medical conditions. If you have a condition that negatively effects your balance.
Obesity can affect the test results.
Lighting conditions. If the test was carried out at night with poor lighting in place?
The type of shoes you wearcan have an effect.
And many other reasons.
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