DUI / DWI / DUII Attorneys Gladstone Oregon
Gladstone OR drunk driving arrest carries serious penalties and requires immediate legal help - if convicted, the accused driver faces a lengthy license suspension, large fines, and even a jail sentence. Fortunately, a DUI / DWI / DUII arrest doesn't equal a sure-fire conviction. A knowledgeable Gladstone OR defense attorney from 1800DUILaws.com has the skills and experience required to minimize or even eliminate the negative consequences of a drinking and driving arrest.
Four distinct types of evidence are used in Gladstone Oregon drunk driving prosecutions - chemical test results, driving patterns, field sobriety tests, and evidence of any physical signs and symptoms of alcohol intoxication shown by the driver. A skilled defense lawyer will thoroughly review all of this evidence in order to devise the most effective defense strategy.
Prosecutors regard chemical tests of the accused driver's blood, breath or urine as a key piece of evidence in a prosecutor's Gladstone OR drunk driving case. However, chemical test showing a blood alcohol content (BAC) of .08 percent or greater can be effectively rebutted. A good defense attorney will analyze the accused driver's chemical test from every angle to determine the most effective challenge.
Effective chemical test challenges are often predicated on simple questions about time Evidentiary blood, breath and urine tests are often given an hour or more after the motorist was actually driving, and BAC can rise considerably in that amount of time. Our bodies continue to absorb alcohol after the last drink is taken, which causes BAC to continue to rise. A skilled defense lawyer will use the concept of rising BAC to prove that the motorist's chemical test results were inflated.
Refusing a chemical test after a Gladstone Oregon DUI / DWI / DUII arrest can carry serious repercussions, both in court and at the department of motor vehicles. Motorists who refuse to submit to a chemical test after a drunk driving arrest do so in violation their state's implied consent laws. The consequences of a refusal may include a lengthier driver's license suspension and additional criminal penalties, and a refusal can be used as evidence of "consciousness of guilt" in many states.
The prosecutor in a Gladstone OR drinking and driving case will also try to introduce evidence of the accused motorist's driving patterns. The arresting officer will be asked to testify at length about any behavior is linked to driving while intoxicated, such as weaving 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 lawyer can establish that driving patterns supposedly indicative of DUI / DWI / DUII could have caused by circumstances unrelated to alcohol. For example, the driver might have reached for a dropped item and inadvertently swerved between lanes.
Field sobriety tests are also used as evidence in Gladstone Oregon driving while intoxicated cases. Challenges to this evidence are based on a universally accepted fact - alcohol intoxication causes both mental and physical impairment. Field sobriety tests are inherently unfair, because they rely so heavily on physical agility. Therefore, the accused driver may have "failed" a field sobriety test without displaying the mental impairment associated with alcohol intoxication.
There are many conditions that can cause the kind of physical impairment that might interfere with a driver's performance on a field sobriety test, including illness, injury, or central nervous-system disorders. A skilled Gladstone Oregon drunk driving defense lawyer will ascertain whether conditions that had nothing to do with alcohol use caused the motorist to "fail" his or her field sobriety test.
Prosecutors also introduce evidence of any physical signs and symptoms of alcohol intoxication displayed by the accused driver. The so-called signs of intoxication include red, watery eyes and slurred speech. However, these conditions could easily have been caused by something as simple as illness, fatigue, or even allergies.
The stakes are extraordinarily high in Gladstone OR drunk driving cases, so it's important to aggressively fight the charges with expert legal help. An attorney with extensive experience in drunk driving defense will aggressively attack the evidence and protect the accused motorist's rights.
Finding the right attorney can be a challenge, but 1800DUILaws.com can help. 1800DUILaws.com is the website of a national network of top defense lawyers who are skilled at ensuring that accused drunk drivers receive fair treatment in the criminal justice system.