Before I begin this page of quality information, I want to stress that this page is for information purposes only. I am by no means a lawyer or a member of any Bar Association of any state. With that in mind, I have read a great deal about DUI (driving under the influence) laws across many states. This article will concentrate on two components. The first being about DUI laws, the second component will concentrate on popular legal strategies used by DUI defense attorneys.
DUI is an acronym for driving under the influence of alcohol. The acts are also known as driving while intoxicated, drink-driving, drinking and driving, and drunk driving. In most states DUI can not only be defined as driving under the influence of but driving under the influence of other drugs. In some states DUI is also called DWI, which is an acronym for driving while intoxicated. These two acronyms are used depending on what state you are charged in. What is important to note about DUI is that it is not a simple moving violation or parking ticket. It is a serious crime and is therefore a criminal offense in all US states and in most countries around the world.
In years past, what would be charged with a DUI was primarily based on a police officer’s observations of the charged persons driving symptoms. These driving symptoms include driving action such as weaving or swerving, speeding or tailgating. A suspect would be pulled over, and subjected to a field sobriety test. This test could include walking on a great line “heel-to-toe” or standing on one leg for one minute. These subjective observations by the arresting officer would be used to charge the person and later used as evidence in a court of law. Today in the United States of America, we use a much more scientific approach when charging and prosecuting with a DUI in a court of law.
Today’s methods are a scientific test for a person’s blood alcohol content (BAC). This test is now standard in most states in charging a person for driving under the influence. Primarily this new standard objectively can find out if a person was intoxicated while operating a motor vehicle. BAC is measured as a simple percent of all in one by weight. Today, as it has been for a number of years, it is illegal in all fifty states to drive with a BAC that is 0.08% or higher. Now that BAC is the primary factor in most cases in establishing the sobriety of an individual, the testing equipment is usually the linchpin in establishing the true BAC of an individual. What I mean to say is that defense attorneys usually attack the validity of these tests if a known model or testing device is used, that is not sound. A DUI defense lawyer knows what testing device at hand a shoddy record and usually uses this information to invalidate the BAC test, and have his defendants’ case dismissed.
The police will operate underskirt rules that prevent them from arresting you without a proper legal basis. They must follow the rules so as to gather evidence against you. If they do not follow these rules when acquiring evidence, the evidence may not be used in court, even if the evidence proves that you are guilty. An excellent DUI defense lawyer will be either certified or understand the national Highway traffic safety administration standardized field sobriety test. If a defense attorney thoroughly knows this standardized test then he will be back able to pick apart the way in which your DUI case was investigated by the arresting officer.
It may seem unimportant but recalling the day of your arrest is also paramount to your defense strategy. Questions such as, what did you Eat? Where were you going? Who were you with? May be asked by both you defense lawyer and from the prosecution. These questions can support you or whether the chemical test result may be flawed.
The chemical test may be wrong and the instruments are only as good as the people who use them. There are three main types of breathe test used by most police department in the United States. The Breathalyzer, The Intoxilyzer and The Intoximeter. The most of popularly known of the three is the Breathalyzer, which is quite obsolete. Police now primarily use the latter two pieces of equipment. A common error when using these machines is mouth alcohol contamination, or as some defense attorney have called the “belch defense.” The machines are supposed to test the amount alcohol in the air of the suspect’s lungs. However, before this air can be tested, it passes through a person’s mouth. If for instance a person belches before the test is administered, the mouth can contain undiluted alcohol from the stomach. This sample would therefore be contaminated and give a false reading. In training, Police are to have an observation period of at twenty minutes to ensure that the person did not drink, smoke, or belch etcetera. This is where a good attorney can prove that there was no observation period, by asking the exact timing of various tasks such as setting up the machine, talking with other officers and setting up paperwork. This police officer would have to account for the exact time of the observation period.
As you can see there are a number of defense strategies, a DUI defense attorney can employ to make sure your case is dismissed or to fight you not guilty of DWI. I hoped this is a good primer on the definition and legal strategies that a defense lawyer might use in a court of law.
Author Mark H. Miller
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