It is not every day that a person gets pulled over and arrested for DUI. So it is only natural to feel anxious and have a lot of questions. Most people like to have a good idea of what to expect if they have been charged with a crime because it allows them to plan a defense and work out their lives around the legal proceeding. No two cases are the same, but there are some questions that frequently get asked by people facing DUI charges. We can help by providing general information to your questions and then looking at the parts of your case that are unique and arguing for a favorable result that is in line with the law.
Four of the most frequently asked DUI defense questions touch on the areas of maintaining your right to drive and how to stay out of jail. These four DUI FAQ’s can best be summarized as follows:
- How is a determination made that I was driving over the legal limit? An arrest for DUI comes upon a finding that your BAC is more than what is legally allowed. Without this evidence the police do not have a case. In order to show that your BAC is more than the legal limit you will be asked to take a field sobriety test and then a blood or breath test. These tests are not fail proof and there are several lines of attack that can be made to challenge the validity of the test results. If a false positive is found that information can be used to have the case dismissed or at least get the charges reduced.
- What types of challenges to the breath test are most effective? Some of the more common attacks on breath test results include questioning the testing procedure, looking at whether the testing equipment was properly maintained or has a history of malfunction, and whether another substance exists that might account for the result. All of these things require a thorough investigation into the facts of your case and when done properly can help you negotiate favorable outcomes.
- Can I still drive? You can, but you have to act fast. Your license will be revoked with a DUI arrest, but you can ask for a review of that decision. The key is to make the request for review within the first ten days after arrest. If you do not make the request within this time frame you will not be able to obtain a modified license.
- Will I go to jail? This answer to this question depends on several factors, such as whether this is your first offense or if you have had a DUI in the past. The level of alcohol in your blood, as shown by a breath or blood test, also plays a part in whether you will do jail time or be able to maintain your freedom.
Our DUI defense attorneys have experience with all types of fact patterns and can help you with your case. Call us today for a review of your case and to find out what to expect.
If you have been arrested for DUI, call our office for help. Contact us today schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. The first visit is a free initial consultation.