Understanding the Implied Consent DUI Law The implied consent DUI law states you must consent to a chemical test. If you don’t comply, you could lose your license if suspected of driving under influence. Think of it as a deal you made with the state that issued your drivers license. A deal you make with […]
DUI Defense
Search Warrant for Forced Blood Draw in DUI Cases
DUI law in some states allows a search warrant to be issued for a forced blood draw if you fail to voluntarily submit to a blood or breath test. In states that permits forced blood draws, it wouldn’t be a wise choice to refuse a breath or blood test. Regardless of your refusal, the police […]
DUI Trial Opening and Closing Arguments
There is never a second chance to make a first impression, right? If you answered “yes,” then you can begin to understand the importance of opening and closing arguments in DUI trials. Opening arguments in DUI trials The opening statement is the first chance a DUI lawyer has to explain the defense’s theory of the […]
General Pretrial Motions in DUI Cases
DUI motions (procedural and substantive) A primer on the subtle art of litigating DUI motions There are several kinds of motions that a DUI lawyer may bring before a case gets anywhere near trial. This article gives a general overview of the types of motions, when they are generally brought, and what they accomplish. Procedural […]
DUI Attorney Client Relationship
When you face a DUI charge, it is important to understand your DUI attorney client relationship and set reasonable expectations. It is also important know what is expected from you and your DUI attorney and are on the same page. What to expect from your DUI lawyer The retainer and fee agreement should lay out […]
Hiring a DUI Attorney or Representing Yourself
Can a DUI attorney help Having a lawyer may drastically improve your chances of beating the charge or getting a favorable plea bargain. To know if DUI attorney will help, start by educating yourself with reading up on subject and interview DUI lawyers. When you choose to put yourself and your case in hands of professional, […]
DUI Trial Arguments: Opening and Closing Statements
Opening statements in DUI cases: There is never a second chance to make a first impression, right? If you answered “yes,” then you can begin to understand the importance of opening statements in DUI cases. The opening statement is the first chance a DUI lawyer has in most cases to explain the defense’s theory of […]
Challenging DUI Breath Test in Court
In every DUI case involving a breath test, an experienced DUI attorney will attempt to successfully have the results suppressed so that they will not be used against their client in trial. Dismissal of the case entirely will likely be the most desired result, but suppression of the breath test is the next best scenario […]
DUI Evidence and Objections Effect the Course of Trial
How the rules of evidence and lawyers’ objections shape the course of a DWI trial While what the prosecutor and the DUI defense lawyer say are an important part of any drunk driving trial, their words are not evidence. No amount of arguing or theater from a prosecutor can convict you of DUI without evidence […]
How Human Factors Impact DUI Breath Tests
There are several ways that human factors impact DUI breath tests reading, resulting in an erroneously high or low reading. Every jurisdiction has a mandatory observation period during which the police must observe a DUI suspect for a certain amount of time before a breath test may be administered. The observation period is important to […]
DUI Breath Test Results During Trial
Results of breath test relating to a trial Drunk driving cases involving DUI breath test, experienced DUI attorney’s will try to suppress results, so not used at trial. For a breath test result suppressed in court, the judge must determine that its results are unreliable. Several states have administrative rules that set out the procedures that […]
DUI Jury Trial Process Explained
Although DUI jury trial procedures vary from court to court, the following is a rough blueprint of the typical DUI jury trial process explained. Motions used in a trial Motions in Limine and “housekeeping” items: The first thing that typically takes place is a discussion, typically on the record, about the ground rules of the […]