Big Water UT DUI / DWI Lawyers
Many drivers arrested for DUI / DWI in Big Water UT are forced to contend with the criminal justice system for the first time, and it can be a frustrating and frightening experience. Suddenly the driver is looking at the possibility of a suspended license, a large fine, and even a jail sentence.
However, a driving under the influence arrest doesn't equal an automatic conviction. It's possible to fight a drunk driving charge and win with the help of an expert defense attorney. An experienced Big Water UT defense lawyer from 1800DUILaws.com has the skills needed to ensure that the accused driver receives the fairest possible treatment in the justice system.
Big Water Utah prosecutors will seek to introduce the following types of evidence in a drunk driving case - chemical test results, driving patterns, field sobriety tests, and testimony about physical signs and symptoms of intoxication displayed by the driver. But while this evidence may seem damning, a skillful defense lawyer can challenge every item in a way that creates reasonable doubt in the minds of jurors.
A chemical test of the driver's blood, breath or urine is typically a key piece of evidence in a prosecutor's Big Water UT DUI / DWI case. However, even a chemical test that shows a blood alcohol content (BAC) of .08 percent or greater can be effectively challenged. A savvy defense lawyer will analyze the driver's chemical test to establish the best strategy to challenge the results.
Effective chemical test challenges are often based on the simple concept of time. Police often administer chemical tests more than an hour after the driver was last behind the wheel, and an individual's BAC can rise considerably during that time. The human body continues to absorb alcohol long after an individual stops drinking, and BAC continues to rise.
Because BAC can continue to rise after the individual stops drinking, an experienced defense attorney may argue that the motorist was legally intoxicated at the police station but within the legal limit while behind the wheel. A Big Water Utah DUI / DWI defense lawyer who thoroughly understands how the human body metabolizes alcohol can demonstrate how a driver who "failed" a chemical test at the police station could have legally sober behind the wheel.
An accused DUI / DWI driver who refused to take a chemical test after a drunk driving arrest may face additional penalties, both in court and at the state department of motor vehicles. Every state has implied consent laws, meaning that every motorist has agreed 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 Big Water UT DUI / DWI 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 motorist's driving patterns prior to arrest will also be used as evidence in a Big Water Utah driving while intoxicated case. The arresting officer will describe in detail any behavior he or she observed that is linked to DUI / DWI, including weaving between lanes, abrupt braking, or driving too slowly.
A skilled defense attorney will use aggressive cross-examination to rebut the arresting officer's testimony about the accused motorist's driving patterns. An experienced defense lawyer can establish that many of the driving patterns described by the officer can be traced to issues unrelated to alcohol. For example, the motorist may have been adjusting the volume on the radio before he or she inadvertently drifted between lanes.
Field sobriety tests are another kind of evidence used in Big Water UT DUI / DWI cases, but this evidence can also be effectively challenged through aggressive cross-examination. Field sobriety test challenges are usually based on a very simple concept - alcohol causes both mental and physical impairment, but most field sobriety tests rely far too heavily on physical agility. Thus, an accused motorist might "fail" a field sobriety test without every showing the kind of mental impairment associated with alcohol use.
Clearly, many conditions can cause the kind of physical impairment that might impact a driver's performance on a field sobriety test, including illness, injury, and central nervous-system disorders. An experienced Big Water Utah DUI / DWI defense lawyer will determine whether factors that had nothing to do with alcohol prevented the driver from "passing" his or her field sobriety test.
Any physical signs and symptoms displayed by the driver that are associated with alcohol intoxication will also be used as evidence in a Big Water UT drunk driving prosecution. The arresting officer might testify that the driver showed slurred speech, red, watery eyes, or an odor of alcohol. But these so-called symptoms can be traced to many issues unrelated to alcohol use, including fatigue, illness, or even allergies.
The bottom line is that while the evidence brought in a Big Water UT DUI / DWI case may seem damning, it's possible to fight and win against a drunk driving charge. An attorney who focuses on defending drinking and driving cases will aggressively attack the evidence and work hard to safeguard the driver's rights.
However, finding expert legal help is essential for motorists accused of drunk driving can be a challenge. 1800DUILaws.com can help - it's a national network of attorneys who focus on defending motorists accused of drinking and driving. An experienced Big Water UT defense attorney will ensure that a motorist accused of driving under the influence receives the best defense available.