Canby OR DUI / DWI / DUII Attorneys and Lawyers
Navigating the criminal justice system after a Canby Oregon DUI / DWI / DUII arrest can be a confusing and frustrating process. The accused motorist is likely concerned about the serious consequences of a drinking and driving arrest, which include a suspended license, a large fine, and even a jail sentence. However, a drunk driving arrest doesn't equal an automatic conviction. A skilled defense attorney has many tools at his or her disposal to fight for the driver's rights and create reasonable doubt in the minds of jurors.
Every driving under the influence case is different, but the types of evidence used to try to convict the driver are similar. The prosecutor will try to introduce evidence such as the driver's chemical test results, driving patterns, field sobriety tests, and testimony about any physical signs and symptoms of intoxication displayed by the driver prior to arrest. But although this evidence may seem damaging to the driver's case, all of it can be effectively challenged by a skilled Canby OR defense attorney.
Prosecutors typically use chemical tests of the driver's blood, breath or urine as a key piece of evidence in a Canby Oregon driving under the influence case. However, chemical tests which indicate a blood alcohol content (BAC) of .08 percent or greater are open to challenge. An experienced DUI / DWI / DUII defense attorney will examine every aspect of the driver's chemical test result to determine the appropriate challenge.
Time is often the key to a successful chemical test challenge. Police often administer chemical tests an hour or more after the driver was last behind the wheel, and the driver's BAC can fluctuate considerably during that time. The body continues to absorb alcohol after a person takes a drink, which can cause the BAC reading to be artificially inflated.
Because BAC continues to increase after the driver stops drinking, a motorist can be legally intoxicated at the police station but be within the legal limit while driving. A Canby OR DUI / DWI / DUII defense attorney who thoroughly understands how alcohol affects the human body will show jurors how a driver whose chemical test indicated intoxication at the police station could have well within the legal limit while behind the wheel.
Refusing to take a chemical test after a lawful DUI / DWI / DUII arrest creates additional problems for the driver, both in court and at the DMV. Every state has an implied consent law, meaning that everyone who drives in that state has agreed to take a chemical test to determine BAC if arrested for driving under the influence. Any driver who refuses a chemical test may face additional consequences, including longer license suspensions and additional criminal penalties. In addition, in some states a refusal can be used as evidence of "consciousness of guilt."
The arresting officer in a Canby Oregon driving under the influence will be asked to testify about the motorist's driving patterns prior to arrest. The officer will cite any behavior he or she observed that is linked to drunk driving, such as weaving between lanes, abrupt braking, or driving too slowly.
The officer's testimony about driving patterns can be effectively challenged during an aggressive cross-examination. A skilled defense attorney will establish that many of the driving patterns considered indicative of DUI / DWI / DUII can be attributed to causes that have nothing to do with alcohol use. For example, the driver may have been briefly distracted after dropping something on the floor, and inadvertently drifted between lanes.
Speeding is one of the most common reasons police stop suspected drunk drivers in Canby OR, but that isn't recognized as a DUI / DWI / DUII driving pattern by the National Highway Traffic Safety Administration (NHTSA). If the officer says he or she stopped the accused driver for speeding, there likely wasn't probable cause to make an arrest, and any evidence gathered may be excluded at trial.
The arresting officer will also be called to testify about the results of any field sobriety tests the driver took. Field sobriety tests often seem like damning evidence in Canby OR DUI / DWI / DUII cases, but there are many effective challenges to this evidence.
A challenge is typically based on a simple principle - alcohol intoxication causes both mental and physical impairment, but most field sobriety tests rely heavily on physical agility. A driver who suffers from physical problems unrelated to alcohol use can "fail" his or her field sobriety test without ever displaying the mental impairment associated with intoxication.
Obviously, physical impairment can be caused by any number of issues that have nothing to do with alcohol use, including illness, injury, or central nervous-system problems. A knowledgeable Canby Oregon defense lawyer can determine whether issues that had nothing to do with alcohol prevented the driver from passing a field sobriety test.
The arresting officer's observations of any physical signs and symptoms associated with alcohol impairment also will be used as evidence in a Canby OR drunk driving prosecution. The officer may testify that the driver had slurred speech, red, watery eyes, or an odor of alcohol. But these so-called symptoms of alcohol or drug use can stem from many factors, including illness, fatigue, or even allergies.
Despite the volume of evidence that can be brought in a Canby Oregon DUI / DWI / DUII case, it's in the motorist's best interest to fight a drinking and driving charge with the help of an expert criminal defense attorney. A skilled defense lawyer has many proven strategies in his or her arsenal designed to attack the evidence in drinking and driving cases.
However, locating a good defense attorney can be challenging. 1800DUILaws.com is here to help. 1800DUILaws.com is a nationwide network of skilled defense lawyers who devote their careers to protecting the rights of accused drunk drivers. An experienced Canby OR DUI / DWI / DUII defense attorney will devise an individualized strategy designed to minimize or even eliminate the repercussions of a drinking and driving charge.