Driving while under the influence is something police officers love to charge, whether or not the driver actually feels their driving is impaired. Whether they had just two drinks, had your last drink hours ago, or ate a large meal, if the police see any sign of impairment they will make an arrest. Because of unadmitted quotas and political pressure, the days of blowing .09 and being allowed to go home or even just sleep it off at the station are gone.
Because of the severe and indiscriminate consequences of a DUI charge, it is essential that someone charged with a DUI retain a top DUI Lawyer as soon as possible. An experienced dui attorney will be familiar with ways police officers attempt to misconstrue test results, make field sobriety tests more difficult to perform, and elicit statements from you that they will later twist around as admissions of guilt.
A good DUI Lawyer is also familiar with the science behind the medical testing devices. Usually, there are three tests given. The first is a breath test into a small handheld device at the side of the road. The second is a breath test into a machine at the police precinct. The third is the taking of blood to determine blood alcohol level.
All of these tests have detailed procedures that must be followed to ensure the accuracy of the test. The machines used also require careful calibration. If the test is not properly performed or the machines are poorly maintained the results will be wrong and could result in wrongful convictions. An experienced criminal defense attorney will know how to review the test reports and vigorously cross examine all involved police officers to ensure that you are not the victim of poor or even unfairly aggressive police work.
Increasingly, prosecutors are also trying to use flaws in these systems to their advantage. For example, they introduce official sounding expert testimony that says your .07 really means .14 because the test didn’t occur until you had been out of your car from some time. An aggressive attorney who will challenge these statements and prevent a conviction based on mere speculation instead of hard evidence.
