Wilsonville OR DUI / DWI / DUII Attorneys
Getting arrested for DUI / DWI / DUII in Wilsonville OR is a frightening and nerve-wracking experience - especially if it's the driver's first encounter with the criminal justice system. Suddenly the driver is forced to contend with the possibility of a suspended license, a large fine, and even a jail sentence.
Fortunately, it's possible to fight a drunk driving charge and win with the help of an expert defense attorney. A skilled Wilsonville Oregon defense lawyer will mount an aggressive defense designed to keep the consequences of a DUI / DWI / DUII arrest to a minimum.
The evidence used in a Wilsonville OR drunk driving prosecution will include the driver's chemical test results, driving patterns, field sobriety tests, and testimony about physical signs and symptoms of intoxication displayed by the driver. However, all of this evidence can be effectively challenged by a skillful defense lawyer.
Prosecutors typically use chemical tests of the driver's blood, breath or urine as a focal piece of evidence in a Wilsonville Oregon DUI / DWI / DUII case. However, chemical tests which indicate a blood alcohol content (BAC) of .08 percent or greater are open to interpretation. A savvy defense lawyer will analyze the driver's chemical test to establish the best strategy to challenge the results.
An effective chemical test challenge is sometimes based on the simple premise of timing. Chemical tests are often administered an hour or more after the driver was last behind the wheel, and his or her BAC may have risen considerably during that time. Individuals continue to absorb alcohol after they stop drinking, and the BAC continues to rise.
Because blood alcohol continues to increase after the individual stops drinking, it's possible that the motorist was legally intoxicated at the police station but within the legal limit while behind the wheel. A Wilsonville OR DUI / DWI / DUII defense attorney with a thorough understanding of how alcohol affects the human body can demonstrate how a driver who "failed" a chemical test at the police station could have been below the legal limit while behind the wheel.
Refusing to submit to a chemical test after a Wilsonville Oregon drunk driving arrest carries additional ramifications, both in court and at the state department of motor vehicles. Drivers in every state operate under implied consent laws, which means that the motorist has consented to take a chemical test to determine BAC if arrested for driving under the influence. Drivers who refuse to take a chemical test after a DUI / DWI / DUII arrest face consequences that may include lengthier license suspensions and additional criminal penalties. In addition, a refusal is considered evidence of "consciousness of guilt" in many states.
The arresting officer in a Wilsonville Oregon driving while intoxicated case will also testify about the motorist's driving patterns prior to arrest. The officer will describe in detail any behavior by the accused motorist that is linked to DUI / DWI / DUII, including abrupt braking, weaving between lanes, or driving too slowly.
The key to rebutting the arresting officer's testimony about the accused motorist's driving patterns is aggressive cross-examination. An experienced defense attorney will establish that many of the driving patterns associated with impaired motorists can be traced to causes that have nothing to do with alcohol. For example, the motorist may have dropped something on the floor of the vehicle before he or she inadvertently drifted between lanes.
Field sobriety tests are commonly used as evidence in Wilsonville OR driving under the influence cases, but this evidence is open to challenge. A successful challenge to a field sobriety test is usually based on a very simple concept - alcohol causes both mental and physical impairment, but most field sobriety tests focus on physical agility. A motorist can "fail" a field sobriety test even if he or she never displayed the kind of mental impairment associated with alcohol use.
Obviously, any number of factors that have nothing to do with alcohol use can cause physical impairment, including illness, injury, and central nervous-system disorders. A skilled Wilsonville OR defense lawyer will attempt to establish that conditions unrelated to alcohol use prevented the driver from "passing" his or her field sobriety test.
The arresting officer will also testify about any physical signs and symptoms shown by the driver that are associated with alcohol impairment. The officer may testify that the driver had red, watery eyes, slurred speech, or an odor of alcohol. But these so-called symptoms can be traced to many issues unrelated to alcohol use, including illness, fatigue, or even allergies.
The evidence brought in a Wilsonville Oregon DUI / DWI / DUII case may seem damning, but keep in mind that drunk driving cases are fought and won every day. A skilled criminal defense attorney will aggressively attack the evidence in drinking and driving cases and create reasonable doubt in the minds of jurors.
Finding expert legal help is essential for motorists accused of drunk driving, but finding an experienced DUI / DWI / DUII defense lawyer can be a challenge. 1800DUILaws.com is a national network of defense attorneys who concentrate on defending motorists accused of drinking and driving. A knowledgeable Wilsonville OR defense attorney will work safeguard the driver's rights and reduce or even eliminate the repercussions of a driving under the influence charge.