The Main Factors That Influence A DUI Case
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What Factors Impact Your DUI Case?
Many people assume that a driving under the influence/driving while intoxicated (DUI/DWI) case is open and shut. After all, the evidence rests largely on two tests: the blood alcohol test and the Breathalyzer test. However, it's not so open and shut, there are several factors that can and do affect a DUI case's outcome.
Factor One: The Breathalyzer Test
One important factor often looked at in DUI cases is whether or not the arresting officer performed a Breathalyzer test. The court will look at the outcome of this test. A Breathalyzer test is usually less reliable than a blood alcohol test but it usually has a high result and will hold up in the court of law. If you're ever pulled over for suspicion of a DUI, you do not have to submit to the Breathalyzer test. Consult a Colorado DUI attorney to keep from being wrongfully convicted of DUI especially if the evidence against you is based on the Breathalyzer exam.
Factor Two: Blood Alcohol and Field Sobriety Tests
The second factors looked at in a DUI case are the blood alcohol or field sobriety tests. A field sobriety test can be easily given though it's not nearly as accurate as the Breathalyzer test. Do not submit to these tests if you're pulled over since it's sole purpose is to build a case against you if you are indeed under the influence. If you don't submit to it, they cannot use it as evidence against you. People who are sick, disabled or have impairments can fail these tests, even if they have never drank alcohol. If you're under arrest for DUI, it's best to consent to a blood alcohol test%u2026 so long as you're asked. A great DUI lawyer can be quite successful in bringing to light errors in this test, which can knock holes in the evidence and your real intoxication level.
Factor Three: Your Behavior During the Traffic Stop
A third factor looked at in a DUI case is how you act during a DUI arrest, as it will come into play against you in the court of law. A prosecutor can use the tests and your conduct to show that you were indeed intoxicated the day/night in question. When you're pulled over, always be polite to the officer even when you decline to submit to the tests. Be sure you're calm and don't answer any questions without legal representation. Remember your arrest comes when there is enough probable cause gathered; make sure the state's case against you is weak by not giving them any extra evidence. Your behavior and demeanor will be carefully watched by the police officer.
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A Denver DUI Lawyer explains what makes DUI cases unique when compared to other criminal cases.
Factor Four: Your Traffic Offenses
A fourth factor used against you in a DUI case is your actions. If an officer observes you committing numerous traffic offenses or you hit someone or an object, then you could be convicted of DUI. These offenses are a clear sign for the officer to pull you over. These actions means a Denver DUI lawyer will be unable to argue the arresting officer had no probable cause to pull you over.
Factor Five: Your DUI Attorney
The final factor in your DUI case is the judge presiding over it and how good your DUI attorney really is. You may find some judges are lenient while others are very strict. If you hire an experienced DUI trial lawyer, he/she will fight for your acquittal. They should know everything there is about the blood alcohol tests and breathalyzers. There are several rules that must be followed when trying to collect evidence against a DUI suspect. The DUI lawyer you hire or the judge presiding over the case will influence how your case turns out. If you fail to hire adequate DUI legal representation, you have a higher chance of being convicted of a DUI. Make sure you know your legal rights before you are arrested and seek out a highly reputable DUI lawyer to defend you so that you are not convicted of a DUI.
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by ColinDaives
Colin Daives writes general information articles about a number of legal topics that range from personal injury and civil rights to criminal law and D... more »
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