DUI / DWI Defense Attorneys Moapa Town NV
Moapa Town Nevada DUI / DWI requires immediate and expert legal help to protect the driver from negative consequences, which may include a suspended license, a large fine, and even a jail sentence. With the right legal representation, a driving under the influence arrest doesn't mean an automatic conviction - not even close. An experienced criminal lawyer who focuses on drunk driving defense will attack the evidence in a DUI / DWI case and fight to protect the driver's rights.
The evidence in a Moapa Town NV driving under the influence case typically includes the accused driver's chemical test results, driving patterns, field sobriety tests, and physical appearance. But although this evidence may seem damning, every item can be effectively challenged by a knowledgeable defense lawyer.
Prosecutors typically consider a chemical test of the driver's blood, breath or urine to be a key piece of evidence in a Moapa Town Nevada DUI / DWI case. However, chemical tests which show a blood alcohol content (BAC) of .08 percent or greater or the presence of drugs are open to interpretation. A skilled defense attorney will analyze every aspect of the driver's chemical test to devise the appropriate challenge.
How much time that elapsed between the traffic stop and when the chemical test was administered is often central to an effective challenge. Police often give chemical tests an hour or more after the driver was last behind the wheel, and the driver's BAC may have changed considerably during that time.
Therefore, a driver who may have been legally impaired an hour or more after being behind the wheel could easily have been within the legal limit while driving. An experienced Moapa Town NV DUI / DWI defense lawyer can demonstrate to jurors how a driver who appeared to be intoxicated hours later at the police station could have in fact been below the limit while driving.
The arresting officer will also be asked to testify about the motorist's driving patterns prior to arrest. The officer will cite any behavior associated with drinking and driving, such as weaving between lanes, driving too slowly, or abruptly braking.
However, a savvy defense attorney can demonstrate that there are many reasons why a driver who wasn't legally intoxicated might display behavior indicative of drunk driving. For example, the driver may have been distracted by something as simple as dropping an item on the floor of the vehicle at the time the officer observed the behavior.
Police often stop suspected DUI / DWI drivers for speeding, but that isn't recognized as a drunk driving pattern by the National Highway Traffic Safety Administration (NHTSA). If the arresting officer testifies that he or she initiated the traffic stop because the driver was speeding, the arrest likely lacked probable cause, and any evidence gathered may be excluded.
Field sobriety tests are another category of prosecution evidence in Moapa Town NV driving while intoxicated case. Unfortunately, police often give drivers the impression that they can "pass" a field sobriety test and avoid arrest, but that's almost never true. Field sobriety tests are used almost exclusively to establish probable cause for an arrest and to create evidence for a drunk driving prosecution.
However, a skilled defense attorney can challenge the results of field sobriety tests. Here's how - field sobriety tests rely heavily on physical agility, but experts agree that alcohol causes both mental and physical impairment. A driver who displayed physical impairment may have "failed" his or her field sobriety test without ever demonstrating the mental impairment associated with intoxication.
Many issues can cause the kind of physical problems that affect a driver's performance on field sobriety tests, including injury, illness, or even nervousness or fatigue. A knowledgeable Moapa Town Nevada DUI / DWI defense lawyer will establish whether circumstances unrelated to alcohol use made it impossible for the driver to "pass" his or her field sobriety test, and explain those factors to the jury.
The arresting officer will also testify about any physical signs and symptoms of alcohol inebriation he or she observed in the driver. The officer may cite the driver's slurred speech, red, watery eyes, or an odor of alcohol. But an experienced Moapa Town NV DUI / DWI defense attorney will demonstrate that these so-called symptoms of alcohol or drug intoxication could have been caused by allergies, illness, fatigue, or any number of other factors.
Refusing a chemical test after a lawful Moapa Town Nevada DUI / DWI arrest can create additional problems for the driver, both in court and at the state department of motor vehicles. All 50 states have something known as an implied consent law, meaning that the driver has agreed to submit to a chemical test after a lawful drunk driving arrest. Any driver who refuses to take a chemical test after an arrest may have to contend with a longer license suspension, additional criminal penalties, and in some states a refusal can be used as evidence of "consciousness of guilt."
Despite the evidence brought in a DUI / DWI prosecution, the bottom line is that driving under the influence charges can be fought and won. Even though the prospect of facing a jury in a Moapa Town NV drunk driving case may seem daunting, it's in the driver's best interest to fight. A skilled criminal defense attorney has an arsenal of effective challenges to the evidence in drinking and driving cases.
Locating the right attorney can be challenging, but 1800DUILaws.com can help. 1800DUILaws.com is a nationwide association of top defense lawyers who dedicate their practices to drunk driving defense. An experienced Moapa Town Nevada defense lawyer has the skills needed to protect the driver's rights and keep negative consequences to a minimum.