Personal Injury Attorney & Personal Injury Lawyer Blog

Perhaps the most crucial decision a DUI attorney must make during a case is deciding on what argument to present. As once this argument is presented, it is often times quite difficult to present another argument if the first one falls flat. The

Once the DUI attorneys first argument is made, the following arguments must remain consistent and support the main argument. If a DUI attorney fails to do this, they can come across as being sneaky or unorganized.

Defending yourself in a DUI case can be very difficult, and you want to be sure all of your arguments are solid. It is never a good idea to argue that a defendant was just barely over the states legal limit, because the jury will see right through that kind of argument. In a court of law you can only be guilty or not guilty, but not a little bit of either. If that is the kind of argument your case is relying on, it would probably be smarter to try and negotiate a plea bargain with the prosecutor instead of taking your case to court

On a similar frame, do not try to argue that the defendant did not realize they were over the legal limit, as it is irrelevant. If the defendant is over the legal drinking age than they are an adult, and therefore responsible for their decisions. As a helpful side note, it is not a good idea to refer to the breathalyzer device as either an “instrument” or a “machine” as both of these terms are thought of to be accurate.

You may be surprised to know that a breathalyzer test does not actually test for blood alcohol levels, but rather gives an estimation based on the individual’s breath. Therefore, in the case of the breathalyzers, a better approach would be to show the results it gave and explain how the device is not perfectly accurate. Breath tests can vary substantially between people, and by substantially we mean it can read up to 180% more alcohol when compared to someone else with the same blood alcohol level.

Now that you understand more about a breathalyzer test, it is important you follow another tip. When combating the results from a breathalyzer in court, do not use scientific kind of terms like “margin of error”. Terms like this can confuse and bore the jurors. Instead, give them a range. You can’t say something like, “when someone consumes X amount of alcoholic drinks, a breathalyzer test can give a reading somewhere between X and X. Another tip worth mentioning is to never try and attack the police officer for being corrupt unless you have some hard evidence, as this will be a very hard sell to the jury.

Instead, it would be more effective to review the proper breathalyzer procedures and show how the police officer did not follow the rules. For example, the police officer must stand next to the driver for 15 to 20 minutes before giving them the test because burping or even eating specific foods can give a false reading and show higher than actual results. Also, instead of saying field sobriety tests, refer to them as preliminary roadside evaluations, as that is what they are.

You must help the jury to understand that field sobriety tests and breathalyzer devices are not perfect and will frequently give an incorrect reading. You can even use the fact that these devices and tests are different from city to city and even precinct to precinct. Because if you cannot get this through to them, they will think they are perfect and will not believe the defendant is not guilty.

Learn more about finding an experienced San Diego DUI Attorney. Stop by Robert M. Jenkins’s site where you can find out all about San Diego DUI related information and what to do.

It doesn’t matter if you were at the bar with your friends or you were at home having a couple beers, at some point you made the decision to get behind the wheel of a car and now you’ve found yourself arrested and facing serious legal charges. Depending on your area, DUI charges can vary, but in San Diego, DUI charges are very strict, and if you are faced with this kind of charge, you are about to experience a lot of turmoil. The truth is, only a skilled San Diego DUI attorney can help you when you’re in this kind of situation. A San Diego DUI attorney is very familiar with the court system, loop holes in the law, and methods to have evidence and potentially harmful testimony dismissed out of court.

The police officer walks up to your car and asks if you’ve had anything to drink. He/She may give you a field sobriety test, or a breathalyzer test and/or a blood test. Be aware, you can refuse to take these tests, but more than likely (especially if the police officer is believes you have been drinking) they will simply keep you in custody until they get a warrant that gives them the right to test you and then arrest you if you are intoxicated.

Obviously, this all assumes you have in fact been drinking before you drove. There have actually been cases when people were pulled over, tested and arrested for drunk driving even though they have not drank anything. This is definitely a case where you will need a skilled DUI attorney to represent you.

Now that you have been formally charged with DUI, your first step should be to research and contact an experienced San Diego DUI attorney. Not just any attorney will do, you one that specializes in DUI cases. Don’t be too concerned with the money. A common mistake is to opt for the cheapest attorney you can find. Keep in mind, this person is fighting for your freedom, your driving and criminal records, as well as your character, this is not a place to cut costs. Instead, employ the most qualified attorney to fight your charges, and worry about coming up with the money after. As with most things, you usually get what you pay for, so if you want the best representation in court, you should be prepared to pay the fees.

By far, the most efficient way to find an experienced attorney is to search online. You should also try to look for testimonials of others who may have had similar experiences in your area. You can also look in the phone book, or even an attorney directory, however, you cannot guarantee these attorneys will be successful at what they do. It is best to interview a few attorneys and ask for testimonials they have from others they’ve represented in court. Always ask about their court record, to help determine how successful they are. If you find an attorney that is successful in getting reduced charges or having cases thrown out completely, that’s the attorney you want representing you.

A skilled DUI Attorney will review all the evidence against you and will design a strategy aimed at having your case thrown out completely, or at least having your charges reduced. Many times, breathalyzer tests give incorrect readings, and a knowledgeable attorney can have the test results from this device thrown out; or they may use outside environments such as the weather, to explain why the officer concluded that you failed the field sobriety test.

It is crucial you trust your attorney to be fighting for your best interests. However he tells you to dress, talk, or what to say, listen to him. Attorneys want to win by nature, they hate to lose.

Even if the evidence is stacked against you and you think there’s no way you’re going to get out of this mess, a good San Diego DUI attorney may surprise you by finding a loophole, or an angle you never thought of that just might save you from years of legal trouble, lost money and tarnished reputation. But you must choose the best San Diego DUI attorney if you hope to receive the best results for your hard earned money.

Want to find out more about finding the best San Diego DUI attorney, then visit Charles T. Devoy’s site on how to choose the best San Diego DUI attorney for your circumstances.