DUI and DWI charges are more common than many people think. Though the laws that prohibit drinking alcohol or using drugs while driving are to keep our communities safe, the ways that police enforce the laws are not always ethical. It might seem as if DUI cases are straightforward; after all, if you have a blood alcohol content over the legal limit, what is there to fight? However, most people don’t realize that there are many ways that a person’s illegal blood alcohol content is not what it seems.
DUI lawyers understand that the laws are often misused, and there are ways to fight your charges in court. To fight your case, your attorney will look at one or more factors in your situation.
Illegal Traffic Stop
Police officers are not permitted to stop cars on a whim. They must have a valid reason to pull someone over to the side of the road. Some valid reasons include:
- Speeding
- Swerving over the lane divide lines
- Tailgating
- Using a cell phone
- Improper traffic maneuvers
In some driving under the influence cases, the officer does not have such a reason, and the stop is considered illegal. If the officer believes you to be intoxicated after pulling you over for something illegal, your DUI case will need to be dismissed because the stop was not valid.
Faulty Breathalyzer
Another factor that DUI lawyers look at is the accuracy of the breathalyzer test. Though these tests are frequently used, they are not always accurate. There are many examples of cases where the test itself was not working, and thus the recorded blood alcohol content cannot be trusted. This argument is more common than you might think, and your DUI attorney will likely look to see if it is a valid option in your circumstances.
Gendered Breathalyzer Tests
Most breathalyzer tests that are used in DUI cases are calibrated for men. This means that if you are not a male, the test can be inaccurate. Unfortunately, many people don’t understand the issues that this causes, and there have been false DUI charges because the breathalyzer calibration is not one size fits all.
Invalid Evidence
For DUI or DWI cases involving marijuana or other drugs, things get a bit more complicated. There are not many valid ways for an officer to test for marijuana or drug use during a traffic stop, and they are trained to look for suspected signs of drug use. There is a lot left to interpret when the police don’t have a quantifiable way to determine if the driver is under the influence. In cases of marijuana use especially, attorneys have a lot of evidence-based arguments at their disposal.
Rising Blood Alcohol Content
Another possible argument for DUI attorneys to use is that of the rising blood alcohol content. Because the legal limit is such a specific percentile, there is the possibility that when you got in the car with the intention of driving, your BAC was not yet over the legal limit. In the time it took for the officer to stop you, speak with you, and give you the breathalyzer, your blood alcohol level can have risen above the .08% mark. If your destination was very close to where you began, it might have been entirely possible for you to drive to your destination before you reached the legal limit, but the officer prevented you from doing so. This is an argument that your DUI attorney may consider.
Past DUI Charges
Your DUI attorney will also be interested in looking at your past charges. If you are fighting your first driving under the influence charge, some of the above arguments will be stronger than if you have multiple DUIs on your record. Your attorney will also look at whether or not anyone was harmed during any of your DUI infractions. If there was no damage and no one was hurt, the court is likely to be more amenable to your arguments.
What to Look for in a DUI Attorney
Though we have discussed what a DUI attorney will be looking for in your case, we have not discussed what you should look for when finding a DUI attorney to represent you. Each attorney is different, and you must find one who can not only represent your case, but with whom you feel comfortable speaking openly.
These are some important qualities to look for in a DUI attorney:
- A good track record. You want to know that your attorney has a good record of winning cases for their clients.
- Experience with DUI cases. DUI laws are specific. Simply being an attorney, or even a criminal defense attorney, does not automatically give an attorney the experience necessary to properly fight a case. You want to be sure your attorney has significant experience with DUI cases.
- A good reputation. Ask for client references, and check in with others in the industry to see if your attorney has a good reputation. Google the firm and read reviews and testimonials if you can. If their clients and peers don’t have many positive things to say, they probably will not be a good fit for you.
- Confidence in your case. If the attorney does not seem confident about your ability to win, the outcome will probably suffer. Choose someone who seems engaged and confident in your case.
- Affordable fees. Always ask an attorney about their hourly and retainer fees up front. You want to be sure you can afford their services without going into debt. Each attorney is different, so don’t assume you know the rates based on what other firms have told you.
Contact Kathleen G. Alvarado
For decades, the Law Offices of Kathleen G Alvarado has been representing DUI cases from all over California. No matter what your circumstances are, our firm can work with you to develop a strong case in your favor. No firm works harder to earn your trust. Contact us today.