DUI / DWI / DUII Defense Lawyers and Attorneys Mount Hood OR
The potential consequences of a Mount Hood Oregon drunk driving arrest are severe - if convicted, the driver faces a suspended license, large fines, and even jail time. But fortunately, a driving under the influence arrest doesn't mean an automatic conviction. An experienced lawyer who concentrates on DUI / DWI / DUII defense can attack any drinking and driving charge and fight for the driver's rights.
Even though every drunk driving prosecution is different, the types of evidence used to try to convict the driver are the same. Mount Hood OR drunk driving prosecutors will seek to introduce evidence of the accused motorist's chemical test results, driving patterns, field sobriety tests, and physical appearance. However, every item of evidence in a DUI / DWI / DUII prosecution can be effectively challenged by a knowledgeable defense lawyer.
Prosecutors typically use chemical tests of the driver's blood, breath or urine as a key piece of evidence in a Mount Hood OR drunk driving case. But chemical tests that show a blood alcohol content (BAC) of .08 percent or greater or the presence of drugs can be successfully challenged. An experienced DUI / DWI / DUII defense attorney will examine every aspect of the driver's chemical test to determine the best plan of attack.
When the driver's chemical test was administered is often the key to a successful challenge. Police often conduct chemical tests an hour or more after the driver was last behind the wheel, and the driver's BAC may have risen considerably during that time. Thus, a motorist who may have been legally impaired an hour or more after driving could easily have been within the legal limit while behind the wheel. A skilled Mount Hood Oregon defense lawyer can show jurors how a driver whose chemical test exceeded the legal limit at the police station could have in fact been below the limit while driving.
The prosecutor in a Mount Hood Oregon drinking and driving case will also ask the arresting officer to testify about the motorist's driving patterns prior to arrest. The officer will cite any behavior that is associated with drinking and driving, such as driving too slowly, weaving between lanes, or abruptly braking.
But an experienced defense lawyer can establish that there are many reasons why a driver who wasn't intoxicated might display behavior indicative of drunk driving. The driver may have been doing something as simple as changing the radio station when the officer observed the behavior.
It's important to note that one of the most common reasons why police stop suspected DUI / DWI / DUII drivers- speeding - isn't a recognized drunk driving pattern, according to the National Highway Traffic Safety Administration (NHTSA). If the arresting officer testifies that he or she pulled the accused drunk driver over for speeding, the arrest likely lacked probable cause, and any evidence gathered may be suppressed.
Prosecutors also use the results of field sobriety tests as evidence used in Mount Hood OR DUI / DWI / DUII prosecutions. Unfortunately, many drivers mistakenly believe that these tests can be "passed," but that's almost never the case. Field sobriety tests are used almost exclusively to create probable cause to make an arrest and generate evidence to prosecute the motorist for drinking and driving.
However, many effective challenges to field sobriety tests exist. A driver who displays physical difficulties can "fail" a field sobriety test without demonstrating the mental impairment associated with intoxication. Experts agree that alcohol causes both mental and physical impairment, but field sobriety tests rely heavily on physical agility.
Physical problems that affect a driver's performance on field sobriety tests can stem from many sources, including illness, injury, or even nervousness or fatigue. A skilled Mount Hood Oregon DUI / DWI / DUII defense lawyer will establish whether issues that had nothing to do with alcohol use made it impossible for the driver to "pass" his or her field sobriety test.
The prosecutor will also ask the arresting officer to tell jurors about any physical signs and symptoms of inebriation shown by the driver before, during and after arrest. The officer may testify about the driver's red, watery eyes, slurred speech, or an odor of alcohol. However, an experienced Mount Hood OR DUI / DWI / DUII defense lawyer can prove that these so-called signs of intoxication could have been caused by allergies, illness, fatigue, or any number of other issues.
A driver who refuses a chemical test after being arrested for DUI / DWI / DUII in Mount Hood Oregon faces additional complications both in court and at the DMV. Drivers in every state are governed by implied consent laws, which mean that the driver has agreed to submit to a chemical test after a lawful drunk driving arrest. Any motorist who refuses to take a chemical test after being arrested for driving while intoxicated may face additional criminal penalties, a longer license suspension, and in some states a refusal can be used as evidence of "consciousness of guilt."
Even though the evidence in a DUI / DWI / DUII case may seem damning, it's definitely in the driver's best interest to fight the charges. Although the prospect of facing a jury in a Mount Hood OR drunk driving case may seem nerve-wracking, remember that driving under the influence cases can be fought and won. An experienced defense lawyer is well-versed in many effective challenges to the evidence in drinking and driving cases.
For many accused drivers, finding expert legal help can be a challenge, but 1800DUILaws.com can help. 1800DUILaws.com is a national association of top defense attorneys who concentrate on protecting the rights of accused drunk drivers. A skilled Mount Hood Oregon defense attorney will analyze each case individually and develop a strategy to minimize or even eliminate the negative repercussions of a driving while intoxicated charge.
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