DUI Defense Lawyer

When charged with a DUI, the prosecutor has to prove that the defendant was driving the vehicle while under alcohol consumption. If they can’t prove that the defendant was driving, the defendant may be acquitted of the charges at trial, or the charges will be dismissed.

A prosecutor or district attorney has to prove that the defendant was under the influence of alcohol. If the defendant’s blood alcohol concentration, or sometimes referred to as 'BAC,' or 'blood alcohol content,' was lower than the legal limit of 0.08%, the prosecutor needs additional evidence that proves the defendant was under the influence of alcohol.

A prosecutor must prove that the driver’s BAC was 0.08% or higher. If the driver’s BAC was under 0.08% this evidence can be used as a potential defense by criminal attorneys.

If the driver was pulled over unlawfully, the evidence that was obtained during the stop can be suppressed.
If the officer made the stop without reasonable suspicion, it’s unlawful and the evidence obtained at the time of the stop can be suppressed. This means if law enforcement didn’t have a lawful reason to pull the driver o

A breathalyzer test can be inaccurate for many reasons. The results of chemical tests can be challenged if the testing procedure isn’t administered properly or if the law enforcement agencies fail to follow regulations concerning how to maintain the testing device. 
A breathalyzer must be calibrated often to obtain accurate results. However, even when properly calibrated, a breathalyzer can provide as accurate results as a blood test.

Certain individuals, such as those suffering from a medical condition, cannot be evaluated fairly and accurately using standard field sobriety tests. If the police officer administered the field testing on slippery, uneven, or rocky terrain, these factors could have negatively impacted the outcome of the field test results.