DUI / DWI / DUII Defense Attorneys Brooks Oregon
Brooks Oregon DUI / DWI / DUII arrest carries serious consequences -the driver faces a suspended license, large fines, and even jail time if convicted. But a driving under the influence arrest doesn't mean an automatic conviction. A skilled criminal defense lawyer who concentrates on drunk driving cases can attack the evidence and fight to protect the driver's rights.
Prosecutors pursuing a drunk driving case in Brooks OR will try to introduce evidence that includes the accused driver's chemical test results, driving patterns, field sobriety tests, and physical appearance. But all of this evidence can be effectively challenged by a knowledgeable defense lawyer.
A chemical test of the driver's blood, breath or urine is typically a key piece of evidence in a Brooks Oregon DUI / DWI / DUII case. However, even chemical tests that show a blood alcohol content (BAC) of .08 percent or greater or the presence of drugs are open to interpretation. An experienced drunk driving defense attorney will examine every aspect of the driver's chemical test and determine the appropriate challenge.
The amount of time that elapsed between when the driver was behind the wheel and when his or her chemical test was administered is often the key to a successful challenge. Chemical tests are often administered an hour or more after the driver was last behind the wheel, and the driver's BAC may have risen considerably during that time.
By this token, 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 Brooks OR 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 arresting officer in a Brooks Oregon driving under the influence case will also testify about the motorist's driving patterns prior to arrest. The officer will cite any behavior that he or she observed that is associated with drinking and driving, such as swerving between lanes, driving too slowly, or abruptly braking.
However, a savvy defense attorney will explain to jurors that there are many reasons why a driver who didn't exceed the legal limit might display behavior indicative of drunk driving. The motorist may have been distracted by something as simple as changing the radio station when the officer observed the behavior.
Speeding - one of the most common reasons police stop suspected drunk drivers-isn't recognized as a drunk driving pattern, according to the National Highway Traffic Safety Administration (NHTSA). If the arresting officer cites speeding as the reason why he or she initiated the traffic stop, the arrest likely lacked probable cause, and any evidence gathered may be suppressed.
The results of a field sobriety test taken by the driver will also be used as evidence used in Brooks OR driving while intoxicated case. Many drivers mistakenly believe that they can "pass" a field sobriety test and avoid arrest, but that's almost never the case. Field sobriety tests exist solely to establish probable cause for an arrest and to create evidence for a DUI / DWI / DUII court case.
However, field sobriety tests can be effectively challenged by a skilled defense attorney. Here's why - experts agree that alcohol causes both mental and physical impairment, but field sobriety tests rely heavily on physical agility. A driver who displays physical difficulties can "fail" a field sobriety test without demonstrating the mental impairment associated with intoxication.
Many issues, including illness, injury, or even nervousness or fatigue, can cause the kind of physical problems that affect a driver's performance on field sobriety tests. A knowledgeable Brooks Oregon DUI / DWI / DUII defense lawyer can determine whether circumstances unrelated to alcohol use made it impossible for the driver to "pass" his or her field sobriety test.
The arresting officer will also be encouraged by the prosecutor to testify about any physical signs and symptoms of intoxication displayed by the driver before, during and after the arrest. The officer may cite the driver's slurred speech, red, watery eyes, or an odor of alcohol. But an experienced Brooks 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.
Any driver who refused a chemical test after a lawful Brooks Oregon DUI / DWI / DUII arrest may face additional problems, both in court and at the state department of motor vehicles. Every state has an implied consent law, which means that the driver has agreed to submit to a chemical test after a lawful drunk driving arrest. Any driver who refuses to take a chemical test after an arrest may have to contend with a longer license suspension, additional criminal penalties, and in some states a refusal can be used as evidence of "consciousness of guilt."
But even though the prospect of facing a jury in a Brooks OR drunk driving case may seem nerve-wracking, it's definitely in the driver's best interest to fight the charges. Driving under the influence charges can be fought and won. A skilled DUI / DWI / DUII defense attorney has an arsenal of effective challenges to the evidence in drinking and driving cases.
Finding expert legal help can be a challenge, but 1800DUILaws.com is here to help. 1800DUILaws.com is a national network of experienced defense attorneys who devote their careers to drunk driving defense. A skilled Brooks OR defense lawyer will develop a strategy designed to minimize or even eliminate the negative consequences of a driving while intoxicated charge.