Your First DUI
You, or someone you care about, have just been arrested for DUI
or DWI. What now?
Your drunk driving arrest has thrown a wrench into your life. You’ve never been arrested before. This is your first DUI. It’s scary – we know. You’re probably asking “What happens now? How can I save my license, my job and my livelihood?” There is help. There are people who understand. You may get a much better outcome in your case if you seek out a skilled DUI attorney to fight your first DUI case.
WARNING! You only have a limited time to request a hearing with the Department of Motor Vehicles to avoid automatically losing your license. In California, that time limit is 10 days from the date of your arrest to request a DMV hearing. Other states have different deadlines. But what you should know is that if you DON’T request a hearing on time following your first drunk driving arrest, you will lose your license. If you make a proper, timely request, you will be able to continue to drive until after your DMV hearing which will be months away. One of our skilled drunk driving lawyers can help you make this request and keep your license.
Don’t give up! Do not assume all is lost. Your DUI arrest does not mean you will end up convicted. Defense lawyers can help. First of all, if you have a skilled attorney working for you, they will investigate and take apart your drunk driving arrest. Just because a breath test result is a .12, or a blood test result is a .15, don't assume that your DUI case is not worth fighting. Talk to one of our DUI LAWS attorneys to find out more.
How can you “beat” a breath or blood test?
In any case involving a breath test, your lawyer will obtain the calibration records, maintenance history, and accuracy checks of the machine that was used in your chemical test. If there are problems in any of these areas, the results may be excluded. If it is a blood test, a good attorney will insist upon obtaining a "split" of the blood sample for independent testing. There are certain requirements about how these blood samples are to be taken and preserved. If there is an inadequate level of preservative or anti-coagulant, the blood may actually ferment and produce its own alcohol, rendering the results completely meaningless.
What does the state have against you?
In our justice system, the prosecution bears the burden of proof, meaning that in order to earn a conviction, the prosecutor must convince the finder of fact of your guilt beyond a reasonable doubt. So how does the prosecution go about its business of trying to prove guilt? Your DUI attorney can explain all of this in more detail, and will work to get you the best possible result in your case.
There are four distinct aspects to the DUI case that a prosecutor will use: driving pattern, physical appearance, Field Sobriety Test performance, and chemical test results. If the prosecution can’t prove one of these pieces of the puzzle, the case will fall apart. A defense lawyer who is skilled in DUI defense can take apart this evidence and destroy the state’s case.
The driving pattern that police officers typically report during your drunk driving arrest can be incomplete, and one-sided. They may only jot down those things that the driver does wrong. Your DUI attorney will point out the many things their client does right. By pointing out the ways in which a driving pattern is consistent with sobriety, a DUI lawyer can rebut this aspect of the prosecution's case.
Physical symptoms may appear at first glance to be damning evidence of guilt. They can be an opportunity to point out inaccuracies in the investigation done by the officer. Police will point to red, watery eyes as a symptom of impairment, but may not bother to ask if someone is fatigued, has allergies, has been around cigarette smoke, or if there is any other reason for red eyes. An odor of alcohol on the breath may sound bad at first blush; but it is really the mixer in the beverage that has an odor, and not the alcohol itself. If you have any question about this, drink a 6-pack of non-alcoholic beer, and compare the strong "beer breath" to the odor following a couple of vodka martinis, which have nearly no odor. Don’t delay. Reach out to a DUI lawyer who will fight these facts in your DUI case.
Field sobriety tests can be debunked by a skilled lawyer. How many of us performed physical agility exercises to get our licenses? None. What do these random, unfairly administered physical exercises have to do with driving skills? Nothing. Juries will likely understand that agility suffers when an already nervous person is forced to perform roadside gymnastics after armed, uniformed police officers have forced them out of their car in the middle of the night.
Chemical testing is the fourth "leg" of the prosecution's table. Keep in mind that before the results are accepted, they must first be proven to be accurate and reliable. If the machines are working properly, if all the regulations regarding testing were observed, if the numbers are indeed accurate, then there are still issues relating to the alcohol level at the time of driving, for this is the crux of a DUI case. It is not illegal to have a .12 back at the police station; that number is only relevant to the extent that we are able to use it to look back and determine the alcohol level at the time of driving. It is quite possible to scientifically demonstrate that someone who is a .12 at the station was really a .06 while driving, once drinking pattern, stomach contents, absorption rate, time of drinking, time of driving, and time of testing are considered.
The key in defending yourself after a drunk driving arrest is hiring the right lawyer. A general practice attorney may not have the skills and knowledge to properly defend you. Remember, your DUI could ruin your life if you are convicted. The best thing you can do right now is to contact a skilled DUI attorney to fight your charges.