DUI / DWI Defense Lawyers Minnetonka MN
Drivers arrested for DUI / DWI in Minnetonka MN need to take immediate legal action to protect themselves from negative consequences, which may include a suspended license, a large fine, and even a jail sentence. With a skilled defense attorney at the driver's side, it's possible to fight the charges and minimize or even eliminate the repercussions of a drunk driving arrest.
Prosecutors in Minnetonka Minnesota DUI / DWI cases typically present evidence of the accused driver's chemical test results, driving patterns, field sobriety tests, and physical appearance. At first glance, this evidence may seem damaging to the defense case, but every piece of evidence can be aggressively challenged by a knowledgeable defense lawyer.
The driver's chemical test of the blood, breath or urine is typically a central piece of evidence in a Minnetonka MN drunk driving case. But chemical tests that indicate a blood alcohol content (BAC) of .08 percent or greater or the presence of drugs can be skillfully challenged. An experienced defense lawyer will examine the procedures used during the driver's chemical test to determine the best plan to challenge the results.
The timing of the driver's chemical test is often the key to an effective challenge. Police officers often administer chemical tests several hours after the driver was last behind the wheel, so the driver's BAC may have fluctuated considerably during that time frame.
Thus, a driver who may have exceeded the legal limit at the police station could have easily been within the legal limit while behind the wheel. A knowledgeable Minnetonka Minnesota DUI / DWI defense attorney will show jurors how a driver who appeared to be intoxicated hours later at the police station could have well within the legal limit while driving.
Refusing a chemical test can create additional problems for the driver, both in court and at the state DMV. Drivers in all 50 states operate motor vehicles under an implied consent law. Implied consent means that the driver has agreed to take a chemical test to determine BAC after a lawful drunk driving arrest. A driver who refused to submit to a chemical test after an arrest may face additional criminal penalties, a longer license suspension, and in some states a refusal can be used as evidence of "consciousness of guilt."
The accused motorist's driving patterns prior to arrest will also be used as evidence in a Minnetonka MN driving while intoxicated prosecution. The arresting officer will be asked to testify about any behavior associated with drunk driving, such as abruptly braking, swerving between lanes, or driving too slowly.
However, there are many reasons why a driver who wasn't legally drunk might display these types of behaviors. For example, he or she may have been distracted by something as simple as changing the radio station or looking for directions at the time the officer observed the behavior.
Police sometimes testify that they stopped the accused DUI / DWI driver for speeding, but that isn't recognized as a drunk driving pattern by the National Highway Traffic Safety Administration (NHTSA). If the officer tells the jurors that he or she stopped the driver for speeding, there may not have been probable cause for an arrest, and any evidence gathered may be suppressed at trial.
Field sobriety tests are also used as evidence in a Minnetonka MN drunk driving prosecution. However, these tests are inherently unfair because many tests rely heavily on physical agility. Experts agree that alcohol causes both mental and physical impairment. Because of this, a driver who displayed physical impairment may have "failed" his or her field sobriety test without ever demonstrating the mental impairment associated with intoxication.
The kind of physical problems that affect a driver's performance on field sobriety tests can be caused by any number of factors, including injury, illness, or even nervousness or fatigue. A savvy Minnetonka Minnesota DUI / DWI defense lawyer will establish whether circumstances unrelated to alcohol use contributed to the driver's inability to "pass" a field sobriety test.
The officer who arrested the motorist for driving under the influence also will testify about any physical signs and symptoms of alcohol intoxication he or she observed in the driver. The officer may tell the jurors that the driver had slurred speech, red, watery eyes, or an odor of alcohol. But these so-called "signs" of alcohol or drug intoxication could have been caused by any number of factors, including allergies, illness, fatigue, or any number of other factors.
Even though the evidence brought in a DUI / DWI prosecution may seem damaging to the driver, the bottom line is that driving under the influence charges can be fought and won. It's in the driver's best interest to fight. A skilled criminal defense attorney can effectively challenge all of the evidence in drinking and driving cases.
However, finding the right attorney can be challenging. 1800DUILaws.com is here to help. 1800DUILaws.com is a national network of top defense attorneys devoted to drunk driving defense. With the help of a Minnetonka MN defense lawyer, the driver can aggressively fight the charges and ensure that his or her rights are protected.