DUI / DWI / DUII Attorneys and Lawyers Lake Oswego OR
Lake Oswego OR DUI / DWI / DUII arrest carries severe consequences - the driver is looking at the possibility of a suspended license, a large fine, and even a jail sentence. But fortunately, a drunk driving arrest doesn't equal an automatic conviction. Driving under the influence cases can be fought and won with the help of an expert defense attorney. A skilled Lake Oswego Oregon defense attorney from 1800DUILaws.com has the experience needed to protect the driver's rights and ward off the negative repercussions of a drinking and driving arrest.
There are several types of evidence used in Lake Oswego OR drunk driving cases - chemical test results, driving patterns, field sobriety tests, and testimony about physical signs and symptoms of alcohol intoxication shown by the driver. This evidence may seem damaging to the driver's defense, but a savvy defense lawyer can challenge every item of evidence and create reasonable doubt in the minds of jurors.
Chemical tests of the accused motorist's blood, breath or urine are a key piece of evidence in a prosecutor's Lake Oswego Oregon DUI / DWI / DUII case. But even chemical tests that show a blood alcohol content (BAC) of .08 percent or greater are open to challenge. A knowledgeable defense lawyer will analyze the driver's chemical test and determine the most effective strategy to challenge the results.
Chemical test challenges are often based on the simple concept of time. Drivers often take chemical tests more than an hour after they were last behind the wheel, and an individual's BAC can rise considerably during that time. Individuals continue to absorb alcohol long after they stop drinking, and their BAC consequently continues to rise.
An experienced defense attorney may argue that rising BAC caused the motorist's chemical test to show that he or she was intoxicated at the police station but within the legal limit while behind the wheel. A Lake Oswego OR DUI / DWI / DUII defense lawyer who thoroughly understands how the human body metabolizes alcohol can prove that a motorist who "failed" a blood, breath or urine test at the police station could have been within the legal limit when behind the wheel.
Refusing to take a chemical test after a drunk driving arrest creates additional complications for the driver, both in court and at the state department of motor vehicles. Each state has an implied consent law, which means that drivers agree to submit to a chemical test to determine BAC if arrested for driving under the influence. Motorists who refuse to take a chemical test after a Lake Oswego Oregon DUI / DWI / DUII arrest face consequences that may include lengthier driver's license suspensions and enhanced criminal penalties. In addition, a refusal is considered evidence of "consciousness of guilt" in many states.
The accused motorist's driving patterns prior to arrest also constitute evidence in a Lake Oswego OR DUI / DWI / DUII case. The arresting officer will describe in detail any behavior he or she observed that is linked to driving while intoxicated, including swerving between lanes, braking abruptly, or driving too slowly.
However, the arresting officer's testimony about the accused motorist's driving patterns can be effectively rebutted during an aggressive cross-examination. A skilled defense attorney will establish that many of the driving patterns described by the officer could easily have stemmed from causes that had nothing to do with alcohol intoxication. For example, the driver may have been changing the radio station when he or she inadvertently drifted between lanes.
Field sobriety tests are also used as evidence in Lake Oswego Oregon drunk driving cases, but this evidence can also be challenged with effectively cross-examination. Challenges to field sobriety test are often based on a very simple premise - alcohol intoxication causes both mental and physical impairment, but most field sobriety tests focus heavily on physical abilities. Thus, an accused motorist might "fail" a field sobriety test without every showing the kind of mental impairment associated with alcohol use.
Many conditions unrelated to alcohol use can cause physical impairment that might impact a driver's performance on a field sobriety test, including illness, injury, or central nervous-system disorders. A knowledgeable Lake Oswego OR DUI / DWI / DUII defense attorney can establish whether factors unrelated to alcohol use prevented the driver from "passing" his or her field sobriety test.
The arresting officer in a Lake Oswego Oregon drunk driving case will also be asked to testify about any physical signs and symptoms of alcohol intoxication displayed by the driver. These may include slurred speech, red, watery eyes, or an odor of alcohol. But these so-called symptoms can be caused by many issues unrelated to alcohol use, including illness, fatigue, or even allergies.
Ultimately, while the evidence in a Lake Oswego OR DUI / DWI / DUII case may seem damning, it's possible to beat the charges. An attorney who focuses on defending drinking and driving cases will aggressively attack the evidence and work to keep negative consequences to a minimum.
But finding the right defense attorney can be a challenge. 1800DUILaws.com is here to help - it's a national association of attorneys dedicated to defending motorists accused of drinking and driving. A skilled Lake Oswego Oregon defense lawyer will fight to protect the driver's rights in any DUI / DWI / DUII case.