DUI Lawyers,,DUI Laws,Penalties

Posts Tagged ‘Breath Tests’

The importance of retaining good Orange County DWI lawyers if arrested for driving under the influence is often overlooked and for no serious reasons. The magnitude of having good Orange County DWI lawyers on your side equals that of having the best doctor trying to save your life.

Employment is an area that will be affected. If you have a DUI-related felony offense on your record, you will have to disclose that when asked on an employment application or during a job interview. This is not only embarrassing, but it can be a major roadblock to getting a job, especially those jobs requiring either transportation or delivery.

A DUI-related conviction on your record can also affect your life when it comes to family so make sure you have Orange County DWI lawyers undertake the task of defending you in court.

You want very good Orange County DWI lawyers representing you no matter what DUI-related charge you are facing for the obvious fact that you could either actually be innocent of the DUI charges, or even if you were in-fact guilty, good Orange County DWI lawyers could have the DUI charges against you dismissed by finding flaws in police procedure and handling of the evidence, or also by finding contamination in the blood or breath tests taken. There are many factors that can affect the results of a blood or breath test and good Orange County DWI lawyers on your side will give you your best chance at showing reasonable doubt. A good DUI lawyer will also be aware of the many potential defenses, strategies and tactics that can be used in court. Remember, you must be found guilty of the DUI-related offense beyond a reasonable doubt to actually be convicted.

For more resources about DUI lawyer Orange County or even about San Diego drunk driving and especially about Orange County DWI lawyers please review these links.

When a defendant or his attorney files a motion to suppress evidence he is asking the judge to rule that evidence is inadmissible because it has been obtained illegally. If evidence is inadmissible then it cannot come in at a Defendant’s trial. If incriminating evidence is kept out of a defendant’s trial, then the prosecution’s case may be seriously weakened or destroyed.

There are a number of reasons why evidence may be illegally obtained and therefore inadmissible. A good DUI lawyer in San Diego will review your case to determine whether the possible reasons for evidence to be inadmissible are present in your case. For example, if a police officer arrests a defendant but does not read the defendant his Miranda rights then any statements made by the defendant after his arrest and before the reading of his Miranda rights may be inadmissible.

In DUI criminal cases in San Diego the most damaging pieces of evidence are usually the results of breath or blood tests as well as a defendant’s performance on field sobriety tests. So, excluding a defendant’s post-arrest statements isn’t usually going to seriously weaken the prosecution’s case.

Another reason why excluding post-arrest statements may not put a big dent in the prosecutions case is that appellate courts have ruled that the initial contact between a police officer and a driver subjected to a DUI stop is not an arrest. Defendants generally make their most damaging statements early on in their contact with the police; for example, telling an officer how much they had to drink.

Because defendant’s generally make the most damaging statements early on, during the ‘investigation’ rather than the ‘arrest’ phase of the DUI stop, and because the most damaging evidence is usually the blood or breath tests, not the defendants’ statements, excluding evidence based on a failure to advise a defendant of his Miranda rights is rarely the key to winning a DUI case in San Diego.

But there is still good reason to file a motion to suppress in the right case; a motion to suppress in a DUI case can be a useful tool when a defendant argues that he was stopped or arrested illegally, as opposed to arguing that he made post-arrest statements without a Miranda warning. For example, if a police officer observes that an eventual defendant’s car wheels touch a lane line and observes no other irregularities in the defendant’s driving, then the police officer might not have a legal basis to stop the defendant. If the officer nonetheless stops the defendant, and the officer’s investigation leads the officer to suspect that the defendant is driving under the influence, then the defendant may argue to the judge that the initial stop was illegal.

If the defendant or his attorney can persuade the judge that the initial stop was illegal, then the judge might rule that all evidence obtained after the illegal stop – i.e., the result of a Blood Test, Breath Test or a Field Sobriety Test – is inadmissible in trial.

A motion to suppress can also be valuable because it offers an opportunity to a DUI lawyer to cross-examine a police officer in court in order to find out what the officer’s testimony will be at trial.

Another motion that may be filed is called a Pitchess motion. If a defendant wins a Pitchess motion then the judge will order the Police Department to give the defendant or his lawyer the contact information for other citizens who have filed complaints against the defendant’s arresting officers for dishonesty or use of excessive force. As discussed above, the case may arise where an officer writes in his police report that a defendant swerved across a lane line, and the defendant knows that his wheels just touched the lane line. In that kind of case it might be useful for a defendant to file a Pitchess motion in order to locate witnesses who might call the police officer’s credibility into question by testifying that the police officer has been dishonest in other cases.

To cause the court to hear a motion to suppress, a DUI attorney prepares a legal document that includes argument to persuade the judge to decide the motion in the defendant’s favor, and makes four copies of the document. The attorney goes to the San Diego courthouse to provide the documents to a court clerk, and asks the clerk to set a date when the motion may be heard in court, in front of a judge. The clerk keeps two copies for the court, and returns two copies to the attorney with the court’s official stamp. The attorney then takes the two stamped copies to the office of the prosecutor (the San Diego City Attorney or the San Diego District Attorney). The prosecutor’s office keeps one copy, and provides the attorney with a stamped copy. The attorney then has a copy of the motion with confirmation from the court that the motion has been filed and a date has been set, as well as confirmation from the prosecutor’s office that he has provided the prosecutor with a copy of the motion.

How shameful it feels to be convicted of drinking under the influence of alcohol! However, an online DUI lawyer can save your face! You need not get dejected on being caught with a few ounces more alcohol than permissible on the machine test results. There are many tactics available with a DUI lawyer that can bring you out of court in no time.

Only Experienced; No Other

But before you say “yes” to an online DUI lawyer, it’s important that you meet him or her first to see whether he or she is the right person for your case. Go for an experienced lawyer. You already are suffering due to your mistake; now you wouldn’t want to suffer more due to someone else’s mistake, probably an amateur’s. So, hire a DUI defense lawyer who knows what to do and how.

Don’t ever think you can get away with this charge and live life forgetting it later on. This charge is gonna stick to you till the last breath you take. The only way to get rid of it is to hire an online DUI lawyer. He will use some of the defenses such as certain medical conditions in which the machine for breath tests gives wrong results.

If you are suffering from teeth problems or a heartburn condition, you have obvious chances of escaping from this life-long taint. The only thing you need to do is make a few efforts of getting the best DUI lawyer for you. Such a lawyer knows every aspect of DUI law and can help you in every step of court proceeding.

It’s already wrong to mix drinking and driving. And the other wrong that people do is to not hire online DUI lawyer. Don’t be one of those people. If you want a successful career and a happy family, it’s best to cast away this charge from you.

Hire an online DUI lawyer and watch how he or she turns your fault into the fault of the machine!

Arizona DUI laws carry severe penalties. Loss of your license is one of these penalties. Knowing the law can help you avoid additional problems.

Legal statutes governing DUI are intended to reduce the incidence of driving under the influence. Much like other states there are specific blood level limits for alcohol when driving.08%. Those convicted of DUI in Arizona can receive not only jail time, but also loss of driving privileges and required alcohol classes and testing To stay safe always remember: if you drink, don’t drive! Should the cops book you for DUI, then you should ask a qualified Tempe DUI Attorney to represent you.

In Arizona, the DUI Laws determine an individual DUI if they are driving or have physical control of a vehicle while under the influence of alcohol. If an arresting police officer has evidence that an individual was operating a motor vehicle while intoxicated, the officer may test the driver.

After the individual is arrested, they must complete a test for blood alcohol – either the urine test or the breath test. If an individual will not subject himself to a blood alcohol level test his driver’s license can be taken away for a year or two depending on how many times it happens. Arizona’s laws concerning DUI indicate that after a first offense, you will be on probation for seven years if no second offense occur in that time. If you refuse to be tested, or if you fail to finish the test, this is legally seen as refusal.

The Arizona DUI law states that a person is considered to be driving under influence if they are proven to be under the control of alcohol while driving or in physical control of a motor vehicle. Arizona DUI laws permit the arresting officer to administer breath tests at the scene of the arrest. This test may be used at the trial. The administering officer must use a device approved by the Department of Motor Vehicles and must have department approval for administering the test. The officer should administer multiple tests. The test results should be within .02% of each other. The officer must follow the approved check list for administering the breath test. They must operate the device properly and see that it is properly maintained.

Arizona DUI laws carry severe penalties. Loss of your license is one of these penalties. Knowing the law can help you avoid additional problems. The best idea is don’t drink and get behind the wheel of a motorized vehicle.

“Under the Influence”

There are two different types of DUI offenses that may be charged, depending on whether the person had a blood alcohol content below .08 percent or at or above the .08 percent. BAC is measured by the grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. BAC is tested by way of blood tests or by breath tests which use fuel cell and infrared technology.

BAC below .08 percent

A BAC below the per se legal driving limit of .08 percent can be charged as a violation of California Vehicle Code section 23152(a).

“Under the influence” is defined as: A person is under the influence of an alcoholic beverage when as a result of drinking the beverage, using the drug, or both, his or her physical or mental abilities are so impaired that he or she no longer has the ability to drive a vehicle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances. If it is established that a person is driving a vehicle under the influence of an alcoholic beverage, it is no defense that another cause also tended to impair his or her ability to drive with the required caution, such as evidence of loss of sleep, epilepsy, diabetes, or injury.

BAC at or above .08 percent-Per Se DUI violation

A BAC at or above .08 percent can be charged as a violation of California Vehicle Code section 23152(b). Note: California can charge and convict the DUI offender of both the “(a)” and “(b)” counts, however one can only be punished for one, not both.

“Under the influence” is defined as: If the evidence establishes beyond a reasonable doubt that at the time of the chemical analysis of the defendant’s blood, breath, or urine, there was 0.08 percent or more by weight of alcohol in the defendant’s blood, the trier of fact may, but need not, infer that the defendant was under the influence of an alcoholic beverage at the time of the alleged offense.

Sufficiency of Circumstantial Evidence

Circumstantial evidence is evidence that, if found to be true, proves a fact from which an inference of the existence of another fact may be drawn. An inference is a deduction of fact that may logically and reasonably be drawn from another fact or group of facts established by the evidence.

A finding of guilt may not be based on circumstantial evidence alone, unless the proved circumstances are not only: 1) consistent with the theory that the defendant is guilty of the crime, but 2) cannot be reconciled with any other rational conclusion.

Importantly, if the circumstantial evidence permits two reasonable interpretations, one of which points to the defendant’s guilt and the other to defendant’s innocence, the jury must adopt that interpretation that points to the defendant’s innocence, and reject that interpretation that points to guilt.