Even if it is your first DUI, a charge can bring about serious consequences including jail time and expensive fines. Therefore, it is crucial for defendants to seek the services of a seasoned first-time DUI attorney. A determined DUI lawyer could work with you at building a Prince William County first-offense DUI defense. Call today to begin your case.
When examining a DUI case, an experienced lawyer will fully consider what the prosecutor must prove. There are two main aspects to proving guilt in every DUI case.
First, the prosecutor must prove an individual was driving or operating the car at the time. They must also prove that the individual was intoxicated. Usually, a DUI is a situation in which the driver was pulled over and the officer can simply testify that the individual was driving the car. In most cases, the more difficult requirement for the prosecutor to proving that the defendant was intoxicated at the time.
There are several ways to prove intoxication in Prince William County. An experienced lawyer could examine the evidence available to the Commonwealth to determine what route they might choose to prove intoxication in that case and find corresponding ways to mitigate those arguments.
In Prince William County DUI cases, the prosecutor usually relies on the data from a breathalyzer. An attorney may be able to refute the data from a breathalyzer based off the machine, user, or sampling errors. Errors of that type may render the breathalyzer reading inadmissible in court, which can help in building a Prince William County first offense DUI defense.
In every single DUI case, an experienced attorney should request all video available such as police body-cam or dash-cam footage. A lawyer could review the field sobriety test given, and subpoena or request the information on the tests that were conducted.
Upon request, the Department of Forensic Science must send an attorney all the information and files for each breath machine that was involved. A DUI attorney should request all the information from the breathalyzer machine used, and examine that it has been maintained properly, that all the certificates are in the proper place, and that the calibrations have been done in a timely manner. Failure in any one of these aspects may contribute to test readings being inadmissible in court. Having a full picture of what evidence is to be used allows a defense attorney to anticipate the prosecution’s strategy when building a Prince William County first-offense DUI defense.
One of the best defenses in many DUI cases is to keep the breath test out of evidence entirely because the test is often leaned on to prove intoxication. If the prosecution cannot use the evidence they rely on for one of two primary aspects they must prove, the case may be weakened. Another main area an experienced attorney will investigate in is the evidence from the field sobriety test.
The arresting police officer may not have actually had probable cause to stop, detain, search, or arrest their suspect. This is a fact-specific defense that may be warranted after extensively researching all aspects of the case and understanding the information obtained by the officer before they made the arrest, and often more importantly, how the officer obtained that information.
If the officer did not have enough reasons to reach probable cause, then an attorney may be successful in suppressing any other information gathered, including the results of a breath test. In many cases where officers do not have probable cause or law enforcement makes other errors during the arrest, cases are simply dismissed.
The burden of proof is on the state’s prosecution. They must prove beyond a reasonable doubt that you were driving the vehicle and intoxicated while doing so. An experienced DUI lawyer may know many strategies to dismiss, discredit, or defend against the prosecution’s arguments. Call today to start building a Prince William County first-offense DUI defense for your case.
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