Each DUI case is unique, because of this each DUI defense is unique. Call me today for a free case evaluation and to discuss any defenses you may have.
There are a number of different defenses that can be utilized by a skillful DUI defense attorney to cast reasonable doubt on any DUI investigation. If you have been arrested for a DUI, you may be extremely worried about the impact it will have on your life. It is important to remember that an arrest does not equal a conviction, even if your BAC was over the legal limit.
What are the possible DUI Defenses?
- Reasonable Suspicion
- Pre-textual Stop
- Roadblock or Avoidance of a Roadblock
A Traffic Stop is often the first step in a DUI investigation. An experienced attorney will be able to help you navigate through the defenses available due to an illegal or unjustified traffic stop.
Confirmation bias is defined as "the tendency to interpret new evidence as confirmation of one's existing beliefs or theories". In criminal investigations this is the tendency of law enforcement to interpret new information in a way that conforms with their pre-existing beliefs about the case.
Pursuant to Idaho law, officers must have multiple indicators of intoxication in order to initiate a DUI investigation. This is not always the case...
An experienced DUI attorney will be able to show how difficult these tests are to pass, even sober, and what factors the officer failed to take into account when administering the tests.
Breath tests are considered reliable enough to stand up in court, but that doesn't mean they don't come with a margin for error. If drivers are tested and the results are close to the legal limit, DUI attorneys can often argue that the machine gave an incorrect reading, and therefore help your case.
Breath test machines must be properly maintained with regular accuracy checks and calibration. Failure to do so will result in the breath test machines giving inaccurate test results. Proper records must be kept if the test results are to be used against you.
Proper blood draw procedures must be followed if a blood test is given and the blood vial must be handled properly during the period prior to the testing or the BAC result will not be accurate. Blood is often shipped from location to location, leaving a lot of room for mishandling and contamination. Proper handling procedures, documenting chain of custody and preventing contamination, must be followed if the test results are to be used against you.
Presently, drug testing labs do not have the ability to identify drugs in an individual's system accurately enough to determine whether or not an individual was driving while actually under the influence. This means that DUI charges involving drugs can often be made more on speculation, rather than hard facts and evidence.
The recent United State Supreme Court decision in the case of Birchfield v. North Dakota, may have an impact on your case, depending on the circumstances. That case involved a man who refused to submit to a blood test to determine his blood alcohol concentration. At the time, as in many states, North Dakota law made it illegal to refuse a blood draw. The law said that by driving on state roads the driver implied consent for the taking of a blood sample. The Supreme Court overturned these laws. It said that a blood test is so invasive that it requires express consent or a warrant.
Some people mistakenly think that refusing to submit to a breathalyzer test will make it more difficult for the state of Idaho to prove that they were driving under the influence. This is not necessarily true.
A Drug Recognition Expert (DRE) is a law enforcement officer trained to identify people whose driving is impaired by drugs other than, or in addition to, alcohol. While there is some training that these officers receive, they are not "experts." In the end, their conclusions are nothing more than a guess.
Click on the headings above to learn more about the different defenses an experienced attorney can use when fighting for your case.
Hire A Lawyer That Will Fight For You!
If you are charged with a DUI in Idaho, you need a lawyer that will fight to protect your rights. Call me today for a free consultation!