DUI Defense Lawyer
Common Defenses a DUI Defense Lawyer May Raise in a DUI Trial
A DUI is a criminal offense that carries brutal consequences for your license and possibly your profession. This on top of the mandatory stiff penalties if you are found guilty of one. The legal threshold for being "drunk" is so low, the reality is that many people charged with the crime of driving drunk are actually innocent. Fong Law has decades of experience in exploring and challenging the technical aspects of measuring one's blood alcohol level, constitutional rights and the technical ins and outs of DUI law. While we do not "specialize" in DUI defense, the reality is that our in depth understanding of the law, science and court system puts us in a great position to help our clients charged with driving under the influence. Another aspect to DUI defense that makes us uniquely qualified to help those charged with this offense, is that we understand so many of those who suffer from a the disease of alcoholism. The truth is, we have driven drunk. The truth is that we have abused alcohol. The truth is that we sought a better way to live and fourth for our health and sobriety. If you have a drinking problem, seek and listen to the inner voice that wants to live again. Battling alcoholism or drug addictions is a matter of life or death. If you believe you have a problem, you probably do. No one wants to be an addict, everyone wants to life a full life. What are you going to do?
A DUI defense lawyer, or a drunk driving defense lawyer, may use defenses to help get you off the hook if you were charged with a DUI. Here are a few of the common defenses a lawyer in Silverdale, WA may raise for a DUI case.
Sometimes Good People Make Poor Choices
Everyone knows that you should never drink alcohol and drive a car. The problem is blurred by the fact that .08 is a low threshold for drawing a line in the sand and saying at that level, you are incapable of legally driving on the road. The truth is, the legal consequences for even a first time offender are so significant and harsh, many people don't need the punishment to realize they made a mistake, and if given the chance will do better in the future. Our success in court, with he technical legal issues and at trial give us excellent negotiating leverage when humanizing the mistake of having a glass of wine with dinner then driving home. Sometimes, guilty people should have their cases dismissed. The human story may be all that is required to touch the heart of a prosecutor. This is outmost effective means of negotiating. Good people make poor choices.
Were You Illegally Pulled Over
One of the common defenses that a DUI defense lawyer may raise in a DUI case is that you were illegally pulled over. A police officer is not allowed to pull over everyone leaving the parking lot of a bar in hopes that one or more people may be drunk. A police officer must have reasonable cause to pull you over. You could have expired registration or may have been swerving. If you were pulled over without any cause, your case should be legally thrown out.
The Breathalyzer Was Not Properly Calibrated
Another defense to a drunk driving case that a drunk driving defense lawyer may raise is that the breathalyzer was not properly calibrated or blood was not drawn following protocol. There are rules for having to calibrate the breathalyzer or for how quickly blood must be drawn after being arrested. If proper protocol was not followed, the readings may be off, which means that your case cannot hinge on those readings. In most cases, this results in a dismissal, as they cannot prove you were drunk without breathalyzer or blood draws.
There Was Another Reason For the High Blood Alcohol Reading
The final defense that a lawyer in Silverdale, WA may raise in a drunk driving case is that there was another reason why the blood alcohol reading should have a high blood alcohol level. In some cases, having uncontrolled diabetes can lead to alcohol being on your breath, using cold or cough medications can increase your blood alcohol rate and using mouthwash just prior to having a breathalyzer test conducted can give false readings.
If you have been charged with a DUI, hiring a DUI defense lawyer can help you avoid the penalties associated with drunk driving, including having your license suspended and paying hefty fines. If you are looking to hire a drunk driving defense lawyer in Silverdale, WA, Fong Law is here to defend you. Contact us as quickly as possible after an arrest and let us find the best defense for your case.