The Factors that Influence a DUI Case and How a Lawyer Can Help
Many people assume that a driving under the influence/driving while intoxicated (DUI/DWI) case is open and shut. After all, the evidence rests largely on two tests: the blood alcohol test and the Breathalyzer test. However, it’s not so open and shut, there are several factors that can and do affect a DUI case’s outcome.
The most important factor is whether a breathalyzer test was performed and its outcome. In many cases, a breathalyzer test yields a significantly higher result than a blood alcohol test taken the same time. Though these test results are relatively unreliable, they will usually hold up in court. If you are stopped on suspicion of DUI, do not submit to a field breathalyzer test. If your case is built on breathalyzer test results, it is imperative that you consult with a DUI lawyer to avoid a possible wrongful conviction.
Other important factors of any DUI case include blood tests for alcohol and sobriety tests. You should always avoid these tests if you are stopped on suspicion. These give the police more evidence and do not really give you an opportunity to clear yourself. There are actually a number of reasons why many people fail sobriety tests even if they are in fact sober, they may have a disability or other illness. It’s a good idea to allow a blood test when requested as this isn’t completely accurate and a very good DUI lawyer should be able to look for mistakes.
A third factor looked at in a DUI case is how you act during a DUI arrest, as it will come into play against you in the court of law. A prosecutor can use the tests and your conduct to show that you were indeed intoxicated the day/night in question. When you’re pulled over, always be polite to the officer even when you decline to submit to the tests. Be sure you’re calm and don’t answer any questions without legal representation. Remember your arrest comes when there is enough probable cause gathered; make sure the state’s case against you is weak by not giving them any extra evidence. Your behavior and demeanor will be carefully watched by the police officer.
Not only is your conduct once once you are stopped a factor in your DUI case, but so are your actions while driving under the influence. If you commit traffic violations or hit anyone or anything while intoxicated, your chances of being convicted of DUI increase. They also give the officer clear reason to pull you over, so your DUI lawyer will have no basis to argue that the officer did not have probable cause to stop you.
The last thing which will affect the quality of your DUI case will be the judge you get assigned, and also your DUI lawyer. Some lawyers will be much fiercer about drunk driving than others. A reliable DUI attorney will be able to fight against the state’s case; these are professionals and know the best techniques to get you off. There are lots of different rules which need to be followed to the letter, if any of these are broken then the evidence will be inadmissible in court. By knowing your legal rights and getting reliable legal representation you stand a much better chance of getting off your DUI charge.