Thursday, January 14, 2010

DC DUI Lawyer Defenses

Cases of DUI or driving under the influence can be the hardest to prosecute because they rely on much technical evidence. Hiring an experienced DC DUI lawyer will help you to build a defense based upon the legality of the evidence gathered and the tests which were carried out.

There are several tests carried out when determining whether or not someone is DUI. It is the job of your DC DUI lawyer to determine whether or not these tests where properly carried out, whether they were carried out by people properly trained to administer them and if the equipment used was correct and in good working order.

The basis of securing a conviction can depend upon the blood alcohol level in the defendant’s body at the time of arrest. This level should be no more than .08%, if it is higher than this then there is little chance of the defendant being acquitted. The DUI lawyer will then usually turn their attention to how the test was administered in an attempt to find a flaw, problem or breach of procedure in order to get the results of the test omitted from the trial.

When someone is suspected of violating a traffic law and this doesn’t have to be specifically drink related, the police can stop the vehicle and at the same time check for evidence that the driver is under the influence. If the police officer observes behavior which makes them believe the driver is DUI then they can ask them to get out of the vehicle and perform tests known as field sobriety tests.

The results of these tests are testified to by the police officer at the trial where they will usually point out those areas of the tests in which the defendant did poorly. It is then down to the lawyer to draw focus to the points on the tests that the defendant did well on and seek to counter the evidence presented by the police officer with alternatives explanations. Driver behavior may also be explained by actions which are not related to being DUI, such as swerving because they are looking at something else in the car or have dropped something on the floor.

The defense put forward by your DC DUI lawyer depends significantly on the charges against you and the evidence presented by the prosecution. In some cases they may advise the entering of a plea bargain where by pleading guilty the defendant will receive a lighter penalty. It is important however that you seek to hire a DUI lawyer as soon as possible after being charged and that you understand the nature of the charges against you and the likely penalty you may receive.
Rough Venils

Mr. Venils spends his free time researching and blogging about DC DUI laws, his mentor is a prominent DC DUI lawyer .


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