How To Legally Fight A DUI In Houston Pt 3

Helpful Ideas On Dealing With Your Houston DUI Charge

Part 3

What To Expect After Being Pulled Over For A DUI

If you have been charged with and/or convicted of a DUI, you can probably expect the following to happen:

  • The officer who pulled you over will place you under arrest. The officer should read you your rights and then take you to the police station where you will be booked and detained in a jail cell until you make bail. In general, the stay in jail is to allow you to sober up in order to post bail. In some cases and in some jurisdictions, you will need to have a bail hearing before a judge who will decide whether bail will be granted and the amount. In other jurisdictions, standard bail is set for DUI’s allowing the police station to accept bail and release you.
  • You will have to appear in court at a hearing where you will need to plead guilty or not guilty. Your lawyer will advise you as to which will be most beneficial to suit the unique circumstances of your case.
  • Expect to have your driver’s license suspended in some way and for some period of time. Most states suspend driver’s licenses after DUI convictions.
  • It is going to cost you. You will need to pay a fine, court fees, towing and storage fees, counseling and therapy fees as well as lawyers fees. Even if it is a routine arrest, it is going to be a costly matter. If your DUI resulted in an accident that caused damage to property, injuries, or other damages, you are going to pay even more.
  • You are going to receive a jail sentence. A first DUI arrest should only result in a few hours in jail. Second and multiple offenses can result in a jail sentence, house arrest, community service, etc. Depending on a number of factors, an offender can spend anywhere from a couple of months to years in jail. Different states have varying lengths of sentencing for DUI offenses.
  • You will probably be put on probation. Probation will require regular visits with a probation officer to check up on you and ensure that you are abiding by the law and your sentence as well as that you are not using drugs or alcohol. Being caught drinking, drinking and driving, or committing another offense while on probation can have severe consequences.
  • You may be required to attend an educational program and/or counseling related to substance abuse. Your lawyer will recommend enrolling in a substance abuse program, getting therapy, or providing proof that you are attending 12-Step meetings.
  • Your DUI conviction is going to affect your auto insurance and you are probably looking at increased rates and perhaps greater deductibles and restrictions applying to your claims.
  • If you were arrested, you are going to have a permanent arrest record. If you were convicted, you will have a permanent criminal record. Your current record should not reflect the arrest or conviction after a few years. However, it will never be deleted from your permanent record. These records are accessible to the public and employers, insurance providers, landlords, educational institutions, etc. access these records to run a background check on you and your arrest or conviction can have negative life-long consequences.

To avoid these penalties, don’t drink and drive. Also, contact a lawyer immediately if you have been arrested or charged with a DUI.

Visit our blog for more related articles. We also invite you to contact or call us today if you are in need of the best DWI Law Attorney in Houston. Missed the first article in this series? Click here!

How To Legally Fight A DUI In Houston Pt 2

Helpful Ideas On Dealing With Your Houston DUI Charge

Part 2

  • (Continuation) Only provide the necessary information. Tell the truth but at the same time don’t say anything that may incriminate you. You are required by law to provide an officer with your full name, driver’s license, registration for the vehicle as well as proof of insurance. You aren’t required to tell them if you have been drinking, how much you have been drinking, when you had your last drink, etc. Don’t be rude and calmly inform the officer that you have been advised not to answer any further questions until your attorney is present.
  • You have the right to refuse a sobriety test and in most cases, you should do so. This includes field sobriety tests and handheld breathalyzer tests. If you refuse, your license will immediately be suspended. However, it also means that law enforcement has no evidence against you other than what they witnessed and their subjective interpretation of your sobriety and the events when you were pulled over. Although sobriety tests and handheld breathalyzers are notoriously unreliable, the results are accepted in a court of law and it isn’t going to help you with your case.
  • If you refuse to take sobriety or handheld breathalyzer tests, you will probably be arrested and taken to the police station. In most states, you will be legally obligated to take the tests at the police station. If possible, take a breathalyzer test and not a blood test. Blood tests are irrefutable whereas your attorney can challenge the validity of a breathalyzer test reading in court. If you were drinking, this strategy may give your body a little extra time to metabolize the alcohol and you may have lower blood alcohol concentration readings as a result.
  • When you are arrested for driving under the influence, you will be detained at the police station for a short period until you are able to post bail. Cooperate with the police and follow their instructions. Keep to yourself.

After you have been released from jail, make a record of the events. Write down or record every detail that you can recall including:

  1. What type of alcoholic beverages you consumed and how many.
  2. How much time passed between finishing your last drink and being pulled over.
  3. Where you were and what you were doing before getting behind the wheel of your car.
  4. The location where you were pulled over.
  5. If you took a chemical test (blood or breathalyzer), at what time and where the test was performed.
  6. How much time passed between your last drink and taking the chemical test.

Remember that you have the right to an attorney and that it is highly recommended that you use this right. Call an attorney who is experienced and skilled at dealing with DUI cases as soon as possible and discuss the case with them. You should insist on having your attorney present before answering any questions from law enforcement or making a statement to avoid saying anything that may incriminate you.

Visit our blog for more related articles. We also invite you to contact or call us today if you are in need of the best DWI Law Attorney in Houston. Click here for the third article in this series.

How To Legally Fight A DUI In Houston Pt 1

Helpful Ideas On Dealing With Your Houston DUI Charge

Part 1

The information contained below is not intended to be a source of legal information in any way or to act as a replacement for legal information and isn’t intended to provide individuals with a means to fight a DUI. An individual should never drink and drive and should seek alternative means of transport (cab, bus, or other public transportation) or select a designated driver after consuming alcohol. Any person who has been arrested and charged with driving under the influence should consult an attorney for legal advice with regards to the actions that they should take to remedy the situation.

Statistics related to the number of drivers who operate a motor vehicle after consuming alcohol are simply staggering. The National Highway Traffic Safety Administration (NHTSA) state that the figures have decreased marginally over the past few years and quote the following data:

  • Fatalities resulting from alcohol-related motor vehicle accidents have fallen notably in the last 30 years.
  • However, an estimated 28 people die in accidents related to alcohol across the United States. This is the national average and the number could be much higher on some days than others.
  • Around 10,000 lives are lost every year due to alcohol-related motor vehicle accidents.
  • Over $52 billion is spent every year on alcohol-related accidents.

What To Do When You Are Stopped For A DUI?

Once again, it is critical not to get behind the wheel of a car if you have been consuming alcohol and rather make alternative transportation arrangements. If you did not follow this advice and have been pulled over for drinking and driving, there are some general steps that you should take:

  • Pullover where it is safe to do so. The police are monitoring your actions and if they suspect you have been drinking, not pulling over isn’t going to play in your favor. If you keep driving, you may cause an accident, face additional charges and it will make you look guilty.
  • Stay calm and stay in your vehicle. Don’t make any sudden or suspicious movements. Remember that the law enforcement officers are watching everything you are doing. Keep your hands on the steering wheel and don’t try to hide any evidence like open alcoholic beverages or drugs.
  • Be polite and cooperate with the police. Getting into an argument with an officer is not going to help you. You are more likely to be arrested if you are rude, agitated, and hostile even if your blood alcohol concentration (BAC) is below the legal limit. Don’t go overboard and be too chatty or complimentary either as this can also appear suspicious.

Visit our blog for more related articles. We also invite you to contact or call us today if you are in need of the best DWI Law Attorney in Houston. Click here for the second article in this series.

Getting Driver’s License After Houston DUI Offense

How To Acquire Your Driving License After A DUI Charge In Houston

DUI Helpful Ideas in HoustonDriving while intoxicated alcohol is considered to be a criminal act in all states and as long as you are 21 years and above, you can be charged with DUI or DWI, or OUI (Operating Under the Influence). Therefore, drivers are not allowed to drive if their blood alcohol content (BAC) exceeds 0.08%

According to a report published by the NHTSA (National Highway Traffic Safety Administration), 30 people lose their lives every day as a result of car accidents caused by a drunk driver – in other words, it means at least one person dies every 51 minutes. Furthermore, the report also stated that 10, 511 people lost their lives in Crashes related to alcohol intoxication in the year 2018. Because of this reason DUI is not only considered to be illegal but also a danger to other roader users.

Each state has its own consequences for a DUI offense based on the BAC limit, age, and state. However, if a driver’s BAC exceeds the legal limit, he or she risks losing the driving license. The BAC should not exceed the legal limit and if it does it means the individual has a drinking problem.

Different states have different procedures for reinstating a driving license after being charged with a DUI offense. However, you may try to do the following to get your driver’s license back.

Steps To Have Your License Reinstated

You may want to do the following if you want to get your driving license back.

  1. Attend DUI hearing and court proceedings.
  2. Pay any necessary fees such as bail fees, reinstatement, and court fees.
  3. Wait for the license suspension period to expire.
  4. Complete all court requirements including attending a DUI traffic school.
  5. Provide proof of new insurance by getting the SR-22 form after informing your DUI provider.
  6. After doing all the above, visit the local office of DMV and apply to reinstate your driving license.

In most cases, sometimes a state officer can replace a driver’s license with a temporary one if it is a first-time DUI offense. However, if a driver fails to provide urine or blood samples, the driving license will automatically be suspended. Moreover, this also depends on whether it is a legal requirement to provide samples or not.

A driver’s license can be suspended permanently if he or she fails to request a hearing. The only way a driver can successfully have his or her license reinstated is by pleading and attending hearing sessions. Temporary suspension of a driver’s license can last for 3 months or even 1 year. It all depends on the driver’s BAC during the time of arrest as well as whether there are previous cases of DUIs.

The recommended programs for alcohol treatment are usually based on the driver’s intoxication level and state. If necessary, an individual can be forced to join a rehabilitation program or attend an alcohol safety program for a couple of hours. Even though this might seem like strict measures, it is the most convenient way of making sure that DUI offenders find a permanent solution to their drinking problem.

Got a DUI/DWI charge? Give Atty. Jim a call today and let him give you a free consultation so that you can get the help that you need.

DUI In Houston: Can Cause Problems When Getting A Job?

Ideas On How Houston DUI Can Affect Your Job Application

Getting any charges from DUI, even when you have a misdemeanor conviction and not a felony, can cause problems when you’re trying to get a job. Most employers run background checks on the candidates that apply for jobs and also ask about a misdemeanor conviction when choosing new employees. It can be difficult to get a job that involves driving, dealing with children, or handling sensitive material. However, some jobs may not deny you the job because of a DUI conviction.

Conviction Vs Arrest

DUI Guide Arrest in HoustonAn arrest from DUI may not affect your job search too much. In most states, employers are allowed to ask about convictions but do not ask about arrests. Some states, however, do allow employers to ask about specific arrests. In Houston, for instance, when applying for a position with access to medications, you are required to disclose any information regarding a drug arrest even if there was no conviction. You are not forced to give information about DUI arrests, which means that you should only divulge the information about convictions if there are specific queries during the interview or on a written application. If you wish to have the DUI conviction expunged, you can talk to an attorney and see the possibility. With an expunged conviction, you do not have to acknowledge the conviction during your applications to potential employers.

Sensitive Jobs

Some employers are more strict about DUIs than others. For instance, if you are applying for a job that requires you to work with children such as a daycare provider or a teacher, it can be difficult to find employment with a record of a DUI conviction. Additionally, jobs that require you to drive such as salesperson, delivery driver, truck driver, or bus driver can be problematic with a DUI conviction. You may also have a hard time getting a government job or joining the military, as most companies with access to confidential information cannot hire a person with a criminal record as per their policy.

Additional Problems

A black mark on your record from DUI is not the only way your job search can be affected. There may be other consequences such as losing your driver’s license for an amount of time decided by the court. This means you may not have a reliable way to get to work. If you live in a location with inadequate public transportation, you could be deterred from getting a job significantly. You can request friends and family to help, but that means that you cannot control things like whether you are late to work or get to a meeting in time. Apart from that, if you do not have a driver’s license because it has been suspended, you will have a gap in your paperwork. This can raise red flags with your potential employer.

Got a DUI charge in Houston? Never give up the fight to clear your name. Contact or call us with any questions or to set up a legal meeting today!

What Exactly Is A Breath Alcohol Test In Houston

Ideas On How A Houston Breathalyzer Works

A breath alcohol test is something that tests your blood alcohol levels. When you consume alcohol, it travels through your body including in your stomach and to your small intestine. From there, it gets absorbed into your blood. This is where it gets carried into your brain, lungs, and rest of your body. You exhale vapors of it as you breathe out.

A breath alcohol test is something that measures how much alcohol exists in the air as you continue to breathe out. The actual device that is used measures how much alcohol exists in your blood. This can tell you what’s known as your Blood Alcohol Content (BAC) level.

This level can rise as early as 15 minutes after you consume alcoholic beverages. However, you’ll notice it most prominently around 1 hour after drinking.

Why Is This Test Used?

As your Blood Alcohol Content increases, you can get increasingly confused, clumsy, and your reaction time can decrease significantly. It can cause you to make poor decisions, as well. All of these things can lead to you being dangerous behind the wheel.

If you happen to be speeding or involved in an accident or even driving recklessly, you’ll likely be suspected of driving while under the influence which is known as a “DUI.” If you’re pulled over and suspected of drinking while driving, they’ll want to conduct some tests on you. From there, you’ll be given a Breathalyzer test that will give an accurate measurement of your Blood Alcohol Content level.

Are There Different Types Of Tests?

You’ll find there are manual and electronic tests that you may have to take. A lot of the police force uses an electronic device that is typically the size of a normal walkie-talkie. With this device, you will be asked to blow into a mouthpiece. From there, it’ll give an immediate reading of what your Blood Alcohol Content level is. You are likely going to be asked to do it several times to get an average. That way, they can ensure it’s reading properly each time. It doesn’t take long at all.

One of the most common manual tests that you might be asked to take would include a balloon and a glass tube that is full of yellow crystals. You’ll be asked to blow into the balloon and the air will be released in the tube. If you have a lot of alcohol in your system, the bands of the crystals will change from yellow to green. The more alcohol that exists in your system, the more green they will be.

You’ll want to look at the instructions that come with the device to accurately read the results. Typically, one green band will mean that your BAC is under the legal limit of (.05%). However, if there are two bands, it would show that your BAC is anywhere from (.05%) to (.10%). If there are three green bands, it would imply that your BAC is well over (.10%).

You can get either one of these tests to have on your own if you are looking to see whether or not you are good to drive before getting behind the wheel. You’ll find the manual tests to be far less expensive.

Is It Completely Accurate?

These tests aren’t always the most accurate. There are a few things that could cause an error with the reading of the results.

For one, if you drank alcohol 15 minutes before taking the tests, you might have trace levels of alcohol directly in your mouth. This could end up leading to a higher reading than you might have. Also, if you smoke, it could cause issues with the accuracy of the results. You will also find other products that might contain alcohol like mouth wash and even gum to cause errors with readings.

You will also find machines erroring out because they need to be recalibrated or because the machine needs brand new batteries.

You’ll find that some of these machines have software that needs routine updates to ensure it works properly.

The tests that the police officers typically carry use fuel cell technology which makes them the most accurate. However, no Breath reading test is going to be nearly as accurate as urine or even a blood test.

Things That Can Affect The BAC Levels

You’ll find that your BAC will be directly affected by multiple things:

How Much You Weigh

This is one of the biggest factors. If you weigh a lot, you’re going to have more water present in your body. The more water you have in your body, the more diluted the alcohol gets. This is why larger people can typically tolerate more alcohol.

What Gender You Are

Your gender is another thing that can impact your BAC. Alcohol affects men and women differently. A lot of men have more of a stomach enzyme that is capable of breaking down alcohol better. Therefore, they are typically faster at processing the alcohol. Whereas, women usually have more fat and less water in their bodies. Therefore, they process it less quickly and there are hormonal changes that women have that can also affect their BAC level.

Got a DUI charge? Never give up the fight to clear your name. Contact or call Bulter Law Firm with any questions or to set up a legal meeting today!

How To Avoid The Houston DUI Defense Mistakes Pt 2

5 Biggest DUI Defense Mistakes In Houston

Part 2

Mistake # 3 – Not Following Legal Advice

There simply is no sense in paying for legal representation if you are not going to follow the advice your lawyer gives you. They have reasons for advising to take certain actions and avoid others. For instance, if your lawyer advises you to go for alcohol education and treatment, then you should do so even if you feel you don’t need it. Following this advice can change the outcome of your case.

Your lawyer will also give you the advice to prepare you for your court appearance. This may include dressing appropriately, making sure that you are on time, conducting yourself in a respectful manner, and not discussing your case with anyone but your lawyer. An attorney may also request that you provide them with photographic evidence and contact details for potential witnesses that saw the arrest and can provide information about your behavior at the time.

Mistake # 4 – Providing Inaccurate Information

Not being entirely honest and providing your lawyer with the most accurate information puts the lawyer at a disadvantage. Never think that anything you tell your lawyer could possibly harm your case. The truth will probably come out at some point and if your lawyer is forewarned they can also be forearmed. They will be ready to deal with anything the prosecution throws their way. Whereas if you hide the facts, they will be blindsided and not have an appropriate response or defense for you.

You need to provide your lawyer with as much information as you possibly can. Tell them all the events leading up to the arrest as well as noting road conditions, weather, lighting, other environmental factors as well as the roadside sobriety tests that were conducted. The more facts you give your lawyer, the better they will be able to defend you. You need to trust your lawyer.

Mistake # 5 – Not Asking Questions

While it is important to put your total trust in your lawyer, it is just as important to ask questions. If anything about the charges or your case is unclear, you should feel free to ask questions. Your lawyer should take the time to explain everything, keep you updated on your case and make sure that you are prepared for trial. In addition, your lawyer should take the time to explain the worst-case scenario and all the negative consequences that may arise from pleading guilty, pleading not guilty, and what sentence you can expect as a consequence.

If you don’t ask questions, your lawyer may simply assume that you understand everything and will not see the need to explain anything further. Asking questions will also provide your lawyer with the opportunity to design a defense that is tailor-made to suit the unique factors of your case. Good communication between you and your attorney can mean the difference between a successful defense and no defense at all.

Give Jim a call today and let him give you a free consultation so that you can get the help that you need. You can contact Jim for your free consultation! Click here for the first article in this series.

How To Avoid The Houston DUI Defense Mistakes Pt 1

5 Biggest DUI Defense Mistakes In Houston

Part 1

If you have been arrested or charged with a DUI in Houston, there are 5 common mistakes that you need to avoid:

Mistake # 1 – Assuming You Don’t Have A Defense

The biggest mistake is simply assuming that you don’t have a defense against the DUI charges and not even attempting to avoid the criminal charges that are now pending against you. This assumption can have only one outcome – guilty as charged – and should be avoided at all costs. Always keep in mind that you may regret not defending the charges against you but you will never regret making the effort.

An experienced Houston DUI attorney will assess your case to determine what the best defense is in a court of law. You have the right to an attorney and to defend yourself. There are literally hundreds of different defenses that your attorney can use and every case deserves to be defended. The trick is to find just the right defense for your unique case depending on the circumstances and the facts involved. The only way to determine what is best is to have an expert assess the case and use their knowledge of the law and skills to defend you. No matter what, never assume that you have no option but to plead guilty!

Mistake # 2 – Worrying About Attorney Fees

The cost of an expert defense should be a secondary consideration to how a DUI can negatively impact the rest of your life. The value of not having a permanent criminal record is way beyond what any attorney will charge to aggressively defend your case. Think about what your life will be like if your driving license is revoked or how a criminal record will change your future employment prospects. A DUI may seem like a minor charge but it will have life-long consequences. An expert lawyer is well worth the cost of providing you with the best defense to avoid life-altering consequences.

You need to carefully consider what type of attorney you would like to represent you. Drunk driving is a complicated area of the law and it takes an experienced lawyer to navigate the legal system to your advantage. It takes more than just knowledge of the law to beat a DUI charge – it takes skill to rise to the challenges that your case may present along the way.

You also want to take into account the skills and expertise of the prosecutor. You want a lawyer who is confident and has the expertise to stand against the best prosecutors that the state has available. Plus, you need a representative who will do their utmost to win the hearts and minds of the judge and the jury.

Lawyers’ fees are however not always an indication of the expertise that you can expect. The highest fee doesn’t necessarily mean that you are getting the best legal representation for your case. Lawyers may charge a retainer and then bill you for the different services that they offer. They may also charge an hourly fee which is applicable in increments. Before hiring a lawyer, be sure that you understand their fee structure, how you will be billed and how much they will charge for the services that they offer.

It is recommended to choose a lawyer you feel will provide you with the best expertise and will fight for you rather than simply focusing on the cost.

Give Jim a call today and let him give you a free consultation so that you can get the help that you need. You can contact Jim for your free consultation! Click here for the second article in this series.

Right Defense For A Houston DUI/DWI Charge Pt 2

Helpful Ideas On DUI/DWI Defenses In Houston

Part 2

Challenging The Officer’s Testimony Regarding Your Behavior

The arresting officer’s observation and submissions are important to prove the driver’s actual impairment from high alcohol or drug concentration in the driver’s body system. Testimony by the arresting officer may include:

  • Poor performance results of a Field Sobriety Test
  • The strength of alcohol odor coming from the driver
  • Dangerous driving
  • Unusual behavior
  • Incoherent talking and speech
  • Bloodshot eyes

When putting up a good defense for a DUI charge, the driver will have to demonstrate the insignificance of the arresting officer’s general observations. In some instances, depending on the facts of the case, it may be difficult for the defendant to puncture holes in the credibility of the officer’s observations before the jurors.

Introduce Witnesses Who Saw Things Differently

Another way to challenge the arresting officer’s observations is to provide a witness who was at the scene at the time of the arrest, and who can testify to contradict the officer’s submissions. The unfortunate incidence in many cases is the absence of a witness to support arguments for the accused driver. Also, the prosecution may claim the witness is biased if they were in the driver’s car as passengers.

Offer Valid Explanations For Your Appearance & Behavior

There are instances where the arresting officer may agree to accommodate certain explanations from the defendant for the DUI charge, reasons other than intoxication. Some of the common explanations for a driver’s poor performance in an FST can include body fatigue, physical disability, or an underlying medical condition. For bloodshot eyes, the explanation provided can be allergies or other irritants.

Defenses Related To Arrest Procedures

The wrong arresting procedure as done by the officer can be used to defend a DUI charge. In this case, the accused driver needs to prove the arresting officer broke laws or disregarded operating procedures when they were carrying out the arrest. If the law was broken during the arrest, the judge can discard the evidence out from the case because fair judgment cannot be based on illegality.

No Probable Cause For Arrest

The arresting officer needs a plausible reason to stop a car and another acceptable reason for carrying out an arrest on a DUI charge. For instance, the officer may stop a vehicle that has disregarded traffic stop/checkpoint laws. Checkpoint and roadblocks for DUI are exempted from this consideration. However, a driver’s traffic law violation can be enough to cause an arrest.

On the other hand, the judge is likely to preclude all subsequent evidence collected by an officer who stopped and arrested the accused driver without a genuine reason. A valid traffic checkpoint may not be necessarily considered as a legitimate reason for the officer to arrest the driver; there must be clear reasons showing how the motorist violated a state’s DUI laws.

A genuine reason to make an arrest originates from the arresting officer’s observations and sometimes, may include a breath test, both of which may be difficult to challenge. The arresting officer may claim the driver smelt of alcohol, performed poorly on FSTs, and demonstrated slurred speech, which may suffice in many cases.

Nonetheless, it will prove challenging and an arduous task challenging the legitimacy of a reason for arrest if the Breathalyzer results indicate the driver’s BAC was above the legally allowed limit.

No Miranda Warnings

Occasionally, Miranda warnings may be discussed in the case of DUI. Usually, police officers are expected to provide Miranda warnings to a suspect in custody before they can begin interrogations. This is to means an incriminating statement from a DUI suspect during police interrogation will probably not be used against the suspect during court proceedings.

Talking To An Attorney

The purpose of this article is to provide a general outlook on the available DUI defenses. Nonetheless, no better advice can be provided to an accused person if not through an experienced lawyer. We highly advise you to contact or call Atty. Jim Butler as soon as you have been arrested for driving under the influence. Visit our blog for more related articles. Click here for the first article in this series.

Right Defense For A Houston DUI/DWI Charge Pt 1

Helpful Ideas On DUI/DWI Defenses In Houston

Part 1

An accused person can face serious penalties and consequences if they are proven guilty on a charge of driving under the influence (DUI), also referred to as driving while intoxicated (DWI). The best way for an accused person to handle a case of DUI is to seek legal guidance on the available defenses from a professional DUI lawyer.

Having the right defense for a DUI charge may be enough to convince the prosecutor to drop or lower the charges, avoid suspension of the driver’s license, or get acquitted during trial.

What The Prosecution Must Prove For A DUI Conviction

The prosecutor must prove the following accusations as they are leveled against the defendant. That the accused person:

Was driving a vehicle, and was “under the influence”. Effectively, “under the influence” means a certain amount of drugs or alcohol concentration in the body significantly impaired the driver’s capacity to operate a motor vehicle on the road.

During a defense for a DUI charge, the goal is to cast doubt on both of the components, making it hard for the prosecution team to have the defendant duly convicted. In some instances, the defenses available for a DUI charge depend on the DUI laws in a specific state. In this article, we provide a summary of DUI defenses in most states.

Defenses Related To Driving

In some states, the prosecution must prove the defendant was actually driving the vehicle if they are to get the accused to be convicted. That means, as the accused, you will have a solid defense if the police found the defendant sleeping in a parked car when they arrived.

In other states, the prosecution does not need to prove the defendant was driving the vehicle. To prove that the defendant was operating or in actual physical control of a vehicle while intoxicated is enough to get the driver convicted. Simply put, the defendant is likely to be judged guilty if the police found him intoxicated, behind the wheel in a motionless vehicle.

Defenses Related To Driver Intoxication Or Impairment

Evidence to prove the driver was intoxicated can be submitted and presented in different forms. In many instances, the prosecution relies on chemical intoxication tests to prove that the concentration of alcohol or drugs in the driver’s body system was above the allowable limits. Also, it is quite common for the arresting officer to provide testimony during trial on the driver’s state of intoxication.

Challenging Chemical Test Results

Chemical tests are used to prove the intoxication requirement in a DUI charge because they show if the blood alcohol concentration (BAC) of the driver had reached and surpassed the 0.08% mark. It is illegal to drive with a blood alcohol concentration (BAC) of 0.08% and above.

The typical strategy to challenge the results of alcohol- or drug-test results is to claim unreliability of the results on account of an error or oversight during the testing process. The driver will have a good chance of defending a DUI if they can prove the existence of inaccurate measures or assumptions made after the actual time of driving. This defense strategy may require the driver to bring in the collaborative input of an expert witness.

Reach out to Jim Butler today by calling (713) 236-8744. Schedule a free consultation so that you can learn more! Visit our blog for more related articles. Click here for the second article in this series.