Lake Shore Minnesota DUI / DWI Defense Attorneys
Lake Shore MN DUI / DWI arrest can happen without warning, and leave a frustrated and frightened driver in its wake. But an accused drunk driver must act fast to avoid negative consequences - a drinking and driving conviction can bring a lengthy license suspension, a large fine, and sometimes even time in jail or prison. However, this outcome isn't inevitable - far from it. A skilled criminal defense lawyer from 1800DUILaws.com has the experience needed to aggressively fight a Lake Shore Minnesota driving under the influence charge.
Nearly all drunk driving prosecutions hinge on four main types of evidence - chemical test results, driving patterns, field sobriety tests, and physical symptoms of alcohol intoxication. This evidence may seem compelling, but fortunately every aspect of the prosecutor's case is open to challenge. A knowledgeable defense lawyer will painstakingly review every item of evidence in a driving under the influence case to determine the most effective defense strategy.
Chemical tests of the driver's blood, breath or urine are considered a key piece of prosecution evidence in a Lake Shore MN DUI / DWI case. However, even chemical tests that suggest the driver had a blood alcohol content (BAC) of .08 percent can be effectively rebutted. A skilled criminal defense lawyer will analyze every aspect of the accused driver's chemical test to determine the best type of challenge.
Many successful chemical test challenges are based on the simple concept of timing. Chemical tests are often administered an hour or more after the driver was last behind the wheel, and the person's BAC may have risen significantly during that time. Human bodies continue to absorb alcohol after the last drink is ingested, and skilled defense lawyers help jurors understand how rising BAC can create an inflated blood alcohol reading.
Refusing to submit to a chemical test after a valid Lake Shore MN DUI / DWI arrest presents additional challenges, both in court and at the Department of Motor Vehicles. Every state has an implied consent law that requires motorists to take a chemical test after a lawful drunk driving arrest. A chemical test refusal can carry penalties that include longer license suspensions, additional criminal punishment, and the possibility that the refusal may be evidence of "consciousness of guilt" at trial.
The arresting officer in a Lake Shore Minnesota driving under the influence case will be asked to testify about the accused motorist's driving patterns. The officer will describe any driving patterns observed in the accused motorist that are associated with DUI / DWI, including swerving between lanes, braking abruptly, or driving too slowly.
However, the officer's testimony about the accused motorist's driving patterns can be effectively challenged during an aggressive cross-examination. An experienced defense attorney will establish that driving patterns suggestive DUI / DWI could easily have been caused by circumstances that had nothing to do with alcohol use. For example, the driver might have inadvertently drifted into another lane after reaching to the floor to pick up a dropped item.
Lake Shore MN prosecutors also use field sobriety tests as evidence in drunk driving cases. Field sobriety tests are often attacked using a simple premise - when an individual drinks alcohol, he or she experiences both mental and physical impairment, but field sobriety tests rely unfairly on physical agility. Therefore, the accused motorist may have been suffering from an unrelated physical impairment and "failed" a field sobriety test without exhibiting the mental impairment characteristic of alcohol intoxication.
There is any number of conditions, including illness, injury, or central nervous-system disorders, can create the kind of physical impairment that impacts field sobriety test performance. A knowledgeable Lake Shore Minnesota DUI / DWI defense attorney will argue that circumstances unrelated to alcohol use caused the driver to "fail" his or her field sobriety test.
If the accused driver exhibited any physical signs of alcohol intoxication before, during and after arrest, the officer will testify about his or her observations. However, many of the so-called symptoms of intoxication, including slurred speech and red, watery eyes, could have been caused by conditions such as illness, allergies, or even fatigue.
Ultimately, even though prosecutors present a mountain of evidence designed to convict the driver in a Lake Shore MN DUI / DWI case, drunk driving cases can be fought and won with the help of a skilled defense attorney. A defense lawyer who has extensive experience defending driving under the influence cases will aggressively attack the evidence and create reasonable doubt in the minds of jurors.
However, locating the right defense lawyer can be a challenge, especially if the accused driver has never been forced to contend with the criminal justice system before. 1800DUILaws.com is here to help - it's a nationwide association of top DUI / DWI defense lawyers who concentrate on helping accused drunk drivers fight the charges against them. A skillful Lake Shore MN defense attorney will arrange a free consultation and outline a proven defense strategy that's designed to minimize or even eliminate the consequences of a driving under the influence arrest.