Why Fight? - DUI
Many actions taken by a skilled DUI Attorney can be used in your favor to successfully challenge a DUI/DWI charge.
First, your DUI Attorney must file a DMV hearing request within 10 days of the date of your arrest; otherwise the DMV may automatically suspend your license and take away your ability to legally drive.
Often the prosecution will rely solely on breath machine results. The government may also use the results of a blood test to convict. If a breath test was the way blood-alcohol content (BAC) was determined in your case, you should realize that the "BAC" reading may very well be inaccurate. It may not only be slightly inaccurate; it may be extremely inaccurate. The electronic device, a machine, is only that, a machine. You probably have heard the phrase "garbage in - garbage out." If the person who was operating this "magical" machine was not properly trained, certified, or if the machine was not properly maintained and in good working order, then you have a basis to fight.
Do you know if your blood was drawn in a medically approved manner consistent with state law? Even if it was drawn legally, and many times it is not, it should always be tested by an independent laboratory to see if the result is consistent with what the government lab says it is. In all too many cases, the results from the independent lab are very different from the results gathered by the government and police in their attempt to convict you and brand you a criminal. Most crime labs don't test the blood to ensure that the proper amounts of anti-coagulant and preservative are present in the blood sample. They also don't check to see if bacteria has contaminated the blood rendering it unreliable for use in court.
How do you know if the officer correctly perform the Field Sobriety Tests (FST's)? Are the FST's they used approved by the National Highway Transportation Safety Administration (NHTSA)? Most people don't know that there are only three (3) FST's federally approved by NHTSA.
Do you know if the contact by the police was based on reasonable cause to suspect you were violating the law?
All of these questions and so many more can only be successfully asked by a skilled, experienced DUI attorney. Sometimes, the right questions asked at the right times can lead to outright dismissal of a DUI case. Of course, no ethical attorney can guarantee that will happen in your case, but the only way for you to know is by hiring a skilled experienced DUI attorney who knows more about DUI law than the cops, lab technicians, the prosecutors, or even the judges.