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Question:
What evidence does a law enforcement officer need when arresting a driver for Driving Under the Influence (DUI) or Driving While Intoxicated (DWI)?
Answer:
While a variety of evidence can be used, there are generally three types of evidence that the police will use, they are: visual observations, field sobriety tests (balance tests) and results of chemical tests (breathalyzer).
All the police need is probable cause to make an arrest. Remember an arrest does not mean a conviction. Making an arrest requires a much lower standard than the one the state must prove at trial.
In order to obtain a conviction the prosecutors must prove that your broke the law. The best way to increase your chances against the state is to immediately hire an experienced DUI/DWI attorney.
Question:
If I am arrested for DUI or DWI, what tests will the police give me to determine the my blood alcohol level?
Answer:
In California there are three tests the police can give to determine how much alcohol you have in your system, they are: breath, blood and urine. You have the right to choose which test you want to take, however the police often steer you in one direction.
If you choose breath, you will blow into a machine called a Breathalyzer that will determine the blood alcohol in your breath. Many jurisdictions permit you to have a second test and/or a blood or urine test. This is because a breath sample is not saved and so cannot later be re-analyzed by the defense.
Breath tests, which are done with a Breathalyzer, are the least accurate in determining the amount of alcohol you have in your system. This is because the breath machine assumes that the breath is from the lungs when it may be the alcohol residue still lingering from the mouth, esophagus, or the digestive system.
Analysis of a blood sample is potentially the most accurate, since it shows the presence of both alcohol and drugs. The least accurate and least reliable, by far, however, is urinalysis.
If you are confident that you are sober, a blood sample is the wise choice; urine, being least accurate and most easily impeached, is the best option if you believe your blood-alcohol concentration is above the legal limit. However, keep in mind the blood alcohol limit is relatively low and easy to hit with just a couple of drinks. If you opt for the blood test, make sure you are sober.
Question:
I took medication and then got arrested for drunk driving. The blood test showed the medication, but no alcohol in system. However, the police still charged me with driving under the influence. What should I do?
Answer:
This is a complicated situation and it is best to hire an experienced DWI lawyer immediately after being arrested. . After hiring an attorney, make sure you tell him/her the entire story. Remember, your attorney is your advocate and will not divulge any incriminating information to the police or prosecutors. Laws differ on this issue from state to state. Don’t make the mistake of picking out one fact and letting it determine your case.
Question:
If I am arrested, what should I do?
Answer:
There are certain things you should and should not do if you are arrested.
DO NOT make statements to the law enforcement officer in the belief that if you cooperate the officer will let you go (it is already to late once an arrest has occurred).
DO speak only with your attorney about the matter - do not discuss it with anyone else
DO NOT answer questions asked by law enforcement officers or other officers of the court, unless advised to do so by your attorney
DO have your attorney present during any lineup or administration of a test (such as drawing a blood sample for further testing)
DO be polite to law enforcement
Question:
Should I hire an attorney for a DUI or DWI charge?
Answer:
It is usually a terrible idea to represent yourself."Drunk driving" is a very complex field with increasingly harsh consequences. There is a minefield of complicated procedural, evidentiary, constitutional, sentencing and administrative license issues.
A qualified DUI attorney, however, can review the case for defects, have the court suppress evidence, compel discovery of such things as calibration and maintenance records for the breath machine, have blood samples independently analyzed, negotiate for a lesser charge or reduced sentence, obtain expert witnesses for trial, contest the administrative license suspension, etc.
Contact us online or call us at (310) 649-7580 for a FREE consultation to discuss your legal options.