Criminal Defense

Was there reasonable cause for your DUI stop?

In order for a police officer to stop a driver he must have probable cause to believe that you have committed a crime (such as driving while intoxicated or driving under the influence of alcohol). If the police officer witnessed you swerving across lanes, running a red light or some other form of reckless driving and he had probable cause to stop you, then he may ask you to take a blood alcohol test (BAC) to determine if you are intoxicated.

Can the state prove you were intoxicated?

In most states, a person driving a vehicle with blood alcohol concentration (BAC) of.08 or above (will vary by state) can be charged with DWI (Driving While Intoxicated). Police officers have many methods at their disposal for proving that you were intoxicated: breathalyzer tests, blood tests, urine tests, field sobriety tests, and eyewitness accounts.

Roadside breathalyzers are notoriously inaccurate and can be proven flawed. Field sobriety tests are another form of “evidence” that is often inaccurate. These tests do not take into account a number of factors including your age, poor balance, any medications you were taking, or your stamina at the time of the test. Eyewitness accounts can also vary from person to person and are often successfully challenged.

Even if your tests showed that you were intoxicated while driving, there are many ways in which the defense can attack the state’s evidence by proving faulty test administration or test equipment.

Can the state show that you were the driver of the car?

If you were standing outside the car or merely sitting in the driver’s seat without the keys, then we can challenge the state’s evidence that you were Operating While Intoxicated (OWI). Perhaps you were just parked in a parking lot to sleep for the night and the police charged you for operating while intoxicated. We will collect all necessary facts and evidence to prove your innocence.

Can your defense lawyer prove the results of your blood or breath test were inaccurate?

If your blood alcohol content (BAC) was collected by a breath or blood test after a DWI/DUI traffic stop, you can challenge the accuracy of the test. There is a growing body of evidence that supports the frequent inaccuracy of these tests. If there was something in your mouth during the time of the breath test, it could be flawed, the testing equipment may be flawed, the sampling method of may not have been performed appropriately, or the person administering the test may not be properly trained. There are many cases where the results of a BAC test were inaccurate and cannot be used in court.

Are the DWI drug charges against you supported by the right scientific evidence and expert analysis?

Driving While Intoxicated charges can be filed against you if you were suspected of driving under the influence of drugs such as narcotics or hallucinogens. If you were pulled over and suspected to be driving while under the influence of drugs, you are not required to supply a breath, blood or urine sample (unless you have a CDL). The results of a chemical test to detect the presence of a drug in your body can only be used as evidence if the test was administered by a drug recognition expert.