DUI / DWI / DUII Defense Attorneys and Lawyers Jefferson OR
Jefferson Oregon drunk driving arrests can have serious or even life-changing repercussions - drivers face fines, license suspensions, and even jail sentences. But luckily, a DUI / DWI / DUII charge can be fought and won with expert legal help. An experienced defense lawyer has the skills needed to effectively attack the evidence in a driving under the influence case.
A prosecutor's evidence in a Jefferson OR drunk driving case may seem damning - he or she will seek to introduce testimony about the driver's chemical test results, driving patterns, field sobriety tests, and physical appearance. However, although the prosecutor will present this evidence to a jury as airtight evidence of guilt, the truth is that every item of evidence in a DUI / DWI / DUII case can be effectively challenged.
A chemical test of the driver's blood, breath or urine indicating a blood alcohol content (BAC) of .08 percent or greater or the presence of drugs is often the focus of a Jefferson Oregon DUI / DWI / DUII prosecution, but these tests can be effectively rebutted. A knowledgeable defense lawyer will examine every aspect of the driver's chemical test, including how the sample was gathered and analyzed.
Questioning the timing of a chemical test is often the most effective challenge to a blood, breath and urine test. These tests are often given an hour or more after the motorist was actually driving. Remember, the offense is driving while intoxicated, not being under the influence hours after operating a motor vehicle. An experienced defense lawyer can demonstrate how alcohol levels fluctuate over a short period of time, and how a driver who may have been under the influence at the police station was below the legal limit while driving.
Prosecutors also use testimony about the motorist's driving patterns as evidence in a Jefferson OR DUI / DWI / DUII case. The arresting officer may testify that the motorist weaved between lanes, drove too slowly, or braked suddenly before the traffic stop was initiated. However, there are many valid reasons that have nothing to do with alcohol intoxication that can explain why a driver might display these behaviors - he or she may have been doing something as simple as reaching for something on the floor when the behavior was observed.
One of the most common reasons why police stop suspected DUI / DWI / DUII drivers in Jefferson Oregon - speeding - isn't even recognized as a drunk driving pattern by the National Highway Traffic Safety Administration (NHTSA). Therefore, if the arresting officer cites speeding as the reason why he or she pulled a suspected drunk driver over, the arrest may be invalid because the officer lacked probable cause.
Field sobriety tests are also used as evidence in Jefferson OR driving under the influence prosecutions. Although many drivers hope that "passing" one of these tests will help them avoid arrest, such an outcome is rare. Field sobriety tests are used to establish probable cause to make an arrest and create evidence for a drunk driving court case.
However, there are many effective challenges to field sobriety tests. Here's why - experts agree that alcohol intoxication causes both mental and physical impairment, but field sobriety tests rely heavily on physical agility. This means a motorist who is experiencing physical difficulties can "fail" without displaying any mental impairment. Physical impairment can stem from many conditions unrelated to alcohol intoxication, including illness, injury, or even fatigue. A skilled Jefferson Oregon DUI / DWI / DUII defense lawyer will establish whether causes other than alcohol use contributed to problems performing a field sobriety test.
Prosecutors also use testimony about any physical signs and symptoms of intoxication as evidence in a Jefferson OR drunk driving case. Testimony about the driver's red, watery eyes or slurred speech may seem damaging, but in reality these so-called signs of intoxication can stem from sources other than alcohol, such as allergies, illness, or fatigue.
A suspected drunk driver who refused a chemical test after a lawful Jefferson OR DUI / DWI / DUII arrest faces additional complications, both in court and at the DMV. Drivers in every state operate motor vehicles under something known as an implied consent law. Implied consent means the driver has agreed to submit to a chemical test after a driving under the influence arrest. A driver who refuses to take a chemical test may face additional criminal penalties, longer license suspensions, and in some states a refusal can be used as evidence of "consciousness of guilt."
Even though the prospect of facing a jury in a Jefferson OR drunk driving case may seem frightening, it's important to know that DUI / DWI / DUII cases can be fought and won. A skilled defense lawyer will question every shred of evidence in a drinking and driving case, from a chemical test result to a field sobriety test.
However, finding the right defense attorney can be a challenge. 1800DUILaws.com is here to help. It's a national association of skilled lawyers who focus on defending accused drunk drivers. An experienced defense attorney from 1800DUILaws.com will develop an aggressive defense strategy designed to protect the driver's rights and minimize or even eliminate the negative consequences of a Jefferson Oregon drinking and driving arrest.