A DUI is a criminal offense that may have a drastic effect on your driving privilege, as well as your liberty. You need an experienced criminal / DUI defense attorney to evaluate your case and advise you of the possible outcomes. In a FREE initial consultation, I will provide you with a straightforward evaluation of your case. I will advise of the possible penalties you may be facing and answer all of your questions. Also, I will advise you of the possibility of dismissal or reduction of the DUI charge against you as well as the possibility of suppressing the evidence against you. Finally, I will advise of whether or not you are eligible to obtain driving privileges for employment during your suspension period.
Protect Your Driving Privilege
Attention: You only have 10 days from the date of your arrest to file a written request for a formal review of the suspension of your driver’s license.
If this request is not made within 10 days of your arrest, DMV will automatically suspend your driving privilege for 6 months, if your breath/blood alcohol level was a 0.08 or higher; or 12 Months, if you refused a breath, blood, or urine test. Therefore, time is of the essence in every DUI case. In most DUI cases a temporary driving permit may be obtained from DMV almost immediately to allow you to drive for work purposes only until your DMV administrative review hearing.
The Breath Test
In a DUI case involving a Breath Test, the prosecution has the burden of proving “Beyond a Reasonable Doubt” that the driver’s Breath Alcohol reading was above a 0.08 at the time of driving; not at the time of testing. Through the use of State of the Art software, we can evaluate potential defenses dealing with whether or not you may have been below the legal limit at the time of driving. Also, the breath test results may be inaccurate and/or unreliable for various reasons. I can obtain and review the certifications of the breath test operator and the maintenance records for the Intoxilyzer machine used in your case.
Refusal to Submit to Breath Test
In a DUI case involving a refusal to submit to a breath test, the prosecutor has the burden of proving “Beyond a Reasonable Doubt” that while driving, the driver’s normal faculties were impaired by alcohol. The absence of a breath test often times makes this a difficult burden because the prosecutor is forced to prove his/her case in large part through the “opinion” testimony of the arresting officer. Simply proving that you admitted to drinking alcohol and/or that you smelled of alcohol is insufficient to prove that you were DUI. A review of your performance on video taped Field Sobriety Tests becomes critical in breath test refusal cases.
Field Sobriety Test
The police utilize Field Sobriety Tests in an overwhelming majority of DUI cases to determine whether or not to make an arrest for DUI. There are a number of factors that can cause a false or mistaken indication of impairment, such as:
- Physical disability or lack of coordination
- Emotional state (nervous, or tired)
- Surroundings and location of testing (lighting, level surface, near traffic)
- Proper demonstration and instructions provided
The video tape is often the most compelling evidence. After I order and obtain a copy of the video tape, we can review and evaluate your performance on the Field Sobriety Tests. The video can reveal whether or not your performance on the Field Sobriety Tests is inconsistent with the officer’s observations as stated in the police report and inconsistent with the results of the breath test. Additionally, a driver who performs well on video-taped Field Sobriety Tests and refused to submit to breath test, is often times a good candidate for a reduction in charge from a DUI to “reckless driving”.
Get the Answers to Your Questions
- Are you eligible for a Work Permit / Hardship License?
- If convicted, what are the potential penalties?
- Can your case be reduced to lesser offense?
- Was the officer justified in stopping you?
- Can the evidence against you be suppressed or excluded from Court?
- What should you do next? i.e. DUI School?