Kanab Utah DUI / DWI Defense Attorneys & Lawyers
Kanab Utah DUI / DWI arrest carries extremely serious consequences - the accused motorist faces a driver's license suspension, a large fine, and sometimes even a jail sentence if convicted. However a drunk driving arrest doesn't equal an automatic conviction - not even close. An experienced defense lawyer from 1800DUILaws.com has the knowledge and skill needed to protect the driver's rights after a Kanab UT driving under the influence arrest.
Kanab Utah drunk driving prosecutions are driven by four types of evidence - chemical test results, driving patterns, field sobriety tests, and testimony about any physical signs and symptoms of alcohol intoxication. Fortunately, all of this evidence is open to challenge. An expert defense lawyer will carefully review every item of evidence to determine the most effective defense strategy.
Chemical tests of the driver's blood, breath or urine are typically a central piece of evidence in a Kanab UT drunk driving prosecution. However, chemical tests that indicate that the driver had a blood alcohol content (BAC) of .08 percent or greater are open to interpretation. A knowledgeable criminal defense attorney can thoroughly evaluate the accused motorist's chemical test to establish the best plan of attack.
The most effective chemical test challenges are often built around the simple concept of timing. Police often administer blood, breath and urine tests an hour or more after the driver was last behind the wheel, and BAC can increase considerably in that time. The human body continues to absorb alcohol long after the last drink is taken. Skilled defense lawyers help jurors understand how rising BAC can create an inflated blood alcohol reading.
Drivers who refuse to submit to a chemical test after a lawful DUI / DWI arrest may encounter additional complications both in court and at the DMV. Refusing a chemical test after a valid drunk driving arrest is a violation of every state's implied consent law. The consequences of a chemical test refusal may include longer license suspensions, additional criminal penalties, and the possibility that the refusal can be considered evidence of "consciousness of guilt" at trial.
The arresting officer will be called upon to testify about the accused motorist's driving patterns in a Kanab Utah driving under the influence prosecution. The officer may describe behavior that includes braking abruptly, weaving between lanes, or driving too slowly. However, this testimony can be rebutted during aggressive cross-examination. A savvy defense attorney will establish that driving patterns supposedly indicative of DUI / DWI could have stemmed from circumstances unrelated to alcohol use. For example, the driver might have reached to the floor to pick up a dropped item and inadvertently changed lanes.
Field sobriety tests are also part of the prosecution's evidence in Kanab UT DUI / DWI cases. Field sobriety test challenges are built upon a simple premise - alcohol use causes both mental and physical impairment, and field sobriety tests rely unfairly on physical agility. An accused driver can fail a field sobriety test without displaying any of the mental impairment associated with alcohol intoxication.
Many conditions unrelated to alcohol use, such as injury, illness, or central nervous-system disorders, can cause the kind of physical impairment that impacts field sobriety test performance. A skilled Kanab UT drunk driving defense attorney will determine whether circumstances that had nothing to do with alcohol use caused the driver to "fail" his or her field sobriety test.
Any physical signs and symptoms of alcohol use shown by the accused driver are also used as evidence in driving while intoxicated prosecutions. However, these so-called signs of intoxication, which include slurred speech and red, watery eyes, could have easily been caused by something as simple as allergies, illness, or even fatigue.
Despite the mountain of evidence introduced by prosecutors in Kanab Utah DUI / DWI cases, it's possible to fight and win a drunk driving case with the help of an expert defense lawyer. An attorney with extensive experience defending drinking and driving cases will effectively attack the evidence and protect the accused motorist's rights.
Finding a qualified attorney can be difficult, but 1800DUILaws.com can help. 1800DUILaws.com is a national network of top defense lawyers who devote their careers to safeguarding the rights of accused drunk drivers. A local Kanab UT defense lawyer will provide a free consultation and outline a proven defense strategy designed to minimize the repercussions of a driving under the influence arrest.