Kanosh Utah DUI / DWI Attorneys & Lawyers
Kanosh UT drunk driving arrest happens without warning, and the accused driver is left confused and worried about what the future holds. DUI / DWI convictions carry serious repercussions - the driver faces consequences that may include a suspended license, a large fine, and even a jail sentence. However, a DUI / DWI arrest doesn't equal a slam-dunk conviction - far from it. An experienced defense attorney will aggressively fight the charges and work hard to protect the driver's rights.
Every DUI / DWI prosecution is different, but the type of evidence presented in each case is the same. The evidence in a drinking and driving case will include chemical test results, driving patterns, field sobriety tests, and testimony about the driver's physical appearance prior to arrest. But while this evidence may sound damaging, every item can be effectively challenged by a skilled defense lawyer.
A chemical test of the driver's blood, breath or urine is usually the centerpiece of a Kanosh UT prosecutor's driving under the influence case. But chemical test results that show a blood alcohol content (BAC) of .08 percent or greater are open to interpretation. A knowledgeable defense lawyer can examine every aspect of the driver's chemical test to determine the most effective challenge.
Time is often the key to the most effective challenges to chemical test results. Drivers are often given 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. The body continues to absorb alcohol after a person takes the last drink, which causes the BAC to inflate.
Because of rising BAC, a driver who may have exceeded the legal limit hours after being behind the wheel could easily have been within the legal limit when driving. A savvy Kanosh Utah DUI / DWI defense lawyer will demonstrate to jurors how a driver whose chemical test indicated intoxication at the police station could have well within the legal limit while behind the wheel.
Refusing to take a chemical test after a lawful DUI / DWI arrest can present additional complications both in court and at the department of motor vehicles. All states have implied consent laws, meaning that anyone who gets behind the wheel has agreed to take a chemical test to determine BAC after a lawful driving under the influence arrest. A driver who refused to take a chemical test can face longer license suspensions, additional criminal penalties, and in some states a refusal can be used as evidence of "consciousness of guilt."
The arresting officer will also testify about the motorist's driving patterns prior to arrest. The officer will testify about behavior associated with drunk driving that he or she observed in the driver, such as abrupt braking, swerving between lanes, or driving too slowly.
But many driving patterns associated with DUI / DWI can be traced to many causes unrelated to alcohol. For example, the driver may have dropped something on the floor or looked briefly at a map, and inadvertently drifted between lanes.
Speeding is one of the most common reasons police stop suspected drunk drivers in Kanosh UT, but it isn't recognized as a drunk driving pattern by the National Highway Traffic Safety Administration (NHTSA). If the arresting officer testifies that he or she stopped the accused driver over for speeding, probable cause for arrest may not have existed, and any evidence gathered may be suppressed at trial.
Prosecutors in Kanosh Utah also use field sobriety tests as evidence in DUI / DWI prosecutions. There are many proven challenges to these tests. Field sobriety tests are very subjective and inherently unfair, because alcohol intoxication causes both mental and physical impairment. However, most field sobriety tests require a great degree of physical agility. A driver with a physical impairment may have "failed" his or her field sobriety test without ever displaying the mental impairment associated with intoxication.
Obviously, physical problems that prevent a driver from "correctly" performing field sobriety tests can stem from any number of factors, including injury, illness, or central nervous-system impairment. A skilled Kanosh UT drunk driving defense attorney can determine whether issues unrelated to alcohol use prevented the driver from passing a field sobriety test.
Physical signs and symptoms associated with alcohol impairment are also used as evidence in a Kanosh Utah drunk driving prosecution. The arresting officer may testify about the driver's slurred speech, red, watery eyes, or an odor of alcohol. But these so-called signs of alcohol or drug intoxication can stem from many factors, including illness, fatigue, or even allergies.
The bottom line is that even though the evidence in a DUI / DWI prosecution can seem damaging, it's possible to fight against a drunk driving charge and win. Expert criminal defense attorneys have many proven strategies at their disposal to challenge the evidence in drinking and driving cases.
However, finding the right defense attorney can be a challenge. Fortunately, 1800DUILaws.com can help. 1800DUILaws.com is a national network of top defense attorneys who devote their practices to defending accused drunk drivers. An experienced Kanosh Utah DUI / DWI attorney will develop an individualized defense strategy designed to minimize or even eliminate the repercussions of a driving while intoxicated charge.