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What To Do If You Are Arrested For A Dui
Have you or someone you know been arrested for DUI offense? For anyone who is facing these type of charges thereto be a slew of emotions going through you and your mind is probably a jumbled up ball of confusion. On top of all this you are feeling embarrassed and ashamed of your behaviors that lead to this problem. You are unsure which you should do, if anything can be done. You are probably also feeling afraid and unsure of what you may be facing in the future. There are things that can be done to lessen the blow of these types of charges and sometimes have been dropped altogether. Each case is unique and it depends on what kind of evidence police have gathered against you as to which direction this case will go. There many things take into consideration. These types of cases without a doubt require you to hire a DUI defense attorney. Not doing so can be devastating to your future as well as your case.
You are looking at facing these types of charges in finding the right person to build a defense for your case to find somebody who is thorough and will leave no stone unturned when it comes to building the defense for ...
... your DUI case. The good DUI defense attorney knows that you cannot start off with a certain kind of defense in mind and aggressively pursue it with a one track mind. A good defense attorney will take the time to build a unique strategy for your unique case. It is of the utmost importance for the person defending you to carefully go over all of the evidence that has been built against you, piece by piece in order to come up the strategy that will work for your case. In order for the state to have proper solid case against you a good attorney will put them into a position where they are being forced to prove to the court that you were indeed driving intoxicated. This burden of proof has two parts to it: proving not only that you were in fact drunk but also proving that you were the person behind the wheel. In the instance of the car accident this can prove very difficult for the District Attorney, as the officer did not actually witness who was driving the car. The District Attorney will also have to prove probable cause. If the officer involved in your case did not in fact have a legal reason to stop you, detain you or arrest you all of the evidence that this person has built against you can and most likely will be suppressed from the trial and unable to be used against you in court. If a police officer failed to give you warning by reading your Miranda rights any statements that you made to the police officer from the time of your arrest and beyond cannot be used against you. There are also times when officer tells you that he or she is going to have you take a chemical test without explaining to you the dire consequences that can happen if you refuse to take it or administers the test improperly, these mistakes can make it so that the DMV may not have the right to suspend your license as they normally would be able to do when a person refuses a breath or blood alcohol test.
An experienced DUI defense attorney knows the importance of the actual proof of your intoxication. Police officer cannot build his case around his opinion that you were drunk and behind the wheel of a car. The attorney in question any circumstances that surrounded the officer in the field sobriety tests that were given. If need be a good attorney will go and find witnesses to testify in your behalf when it is necessary. There many different problems that can come about when it comes to a breathalyzer test results. These machines have been known to register different chemical compounds in human’s breath as alcohol itself although there was no alcohol present or not as much alcohol as was registering. It is possible that simple factors such as temperature and even a particular way that a person is blowing into the machine that can cause the readings to very and not come up normal. There are many things that can cause his machines to fluctuate. If necessary your attorney can hire their own forensic expert to argue the validity of your results. When it comes to actual blood tests to determine alcohol levels there is a wide range of things that can be used in your defense and to have these types of results he deemed inadmissible in court. The person who took your blood must be a licensed phlebotomists in many places and the blood has to have been taken within a three-hour window of the time in which you will find the will and actually driving your car. If any one of these things can be proven by your attorney to have been neglected the blood tests can be deemed by the judge has inadmissible as well.
Many times when someone is being charged with a DUI people around them friends and family often encourage them to just plead guilty and take the repercussions for their actions not fully understanding how complicated each case is, not aware of all the scientific issues involved and often times completely ignorant as to the severe consequences that you could be facing. It is why you need to seek an experienced and qualified DUI defense attorney to represent you in person the best case possible for you. It is in your best interest to allow an experienced attorney build a defense for you and give you the best possible representation.
Matthew L. Nebeker, known as Mr. DUI is a top-rated Salt Lake City DUI Lawyer who concentrates on Drunk Driving, DUI & DLD Defense. Matt dedicates himself and his law practice to aggressively defending those accused of driving under the influence. You can contact us at http://www.mrduiattorneysaltlakecity.com
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