DUI away, DUI away, DUI go away … it sounds like a childhood song. But there’s no child’s play in making a DUI go away. Defending a DUI allegation takes work to make that DUI go away. And the penalties if you do not make your DUI go away get more and more harsh.
The law wants a DUI to put you away … DUI away you into jail, at least a day and as many as 364. DUI away you out of a driver’s license for up to two years even on a first offense. DUI away you into 5 years probation with reporting and monthly probation fees. DUI away you into treatment for up to two years even on a first offense. And DUI away your finances with a base fine up to $5,000 which, with fees, assessments, treatment and probation, can triple.
So, do not DUI away your life. Call the DUI defense lawyer team of Smith & White, PLLC. If you believe you are guilty-even if you did drink and drive-it does not mean you are guilty before the law. A citizen of the United States of America has Constitutional Rights protecting them against illegal search and seizure, the violation of which can make you not guilty in court. Furthermore, it is not illegal to drink and drive. It is only illegal to operate a vehicle with a BAC (Blood Alcohol Content) of .08 or more. Or to have your driving impaired by use of the alcohol and/or drug.
When they stopped you was it because they said you were weaving? Did you ever leave your lane and was it for a prolonged period? If you did not, the police may have had no legal reason to stop you. If that is the situation, the whole case may be able to be thrown out and you can breathe easy.
Is it claimed that the smell of alcohol was on your breath? Realize that alcohol actually has no smell. The smell we think of as alcohol actually comes from what it is mixed with. Some things can smell exactly the same and smell alone is not enough to give probable cause for a DUI arrest.
Think about why you were stopped. Do you believe there was sufficient cause? Discuss the situation fully with your defense attorney. If it was a bad stop, it’s just like if it was a bad arrest – the case may be able to be fully dropped.
Did you take field sobriety tests? This may also actually provide defense. There is no way of knowing what your performance would have been like on any given day – some people would have difficulty with them no matter what. Your faulty performance may have been due to bad terrain or dress. There are only some accepted tests – if any others were used they can be thrown out as evidence.
If the BAC machine or the external standard (the vat attached to the BAC machine) used in the test were not properly tested or maintained, the government may not be able to prove that your BAC was over .08. The Officer in charge of using the BAC testing equipment must have been properly trained in its use and must have up to date credentials. Even a properly tested and maintained BAC machine still has a “confidant interval analysis” (a fancy way of saying margin of error) that may mean that your BAC was under .08.
There are even more ways to dispute the breathalyzer. There may be a regulation or protocol that the police or test administrator failed to follow – such as the fact that you are required to be observed for fifteen minutes prior to having the test administered. This is just one rule – there are others. There are various reasons the test may provide a false such as breathing into or blowing in the machine at the wrong moment or the consumption of certain substances that can be falsely read by the machine as alcohol.
The laws behind handling DUIs are quite technical, and the Smith & White team know how to use them to your advantage. If you are ready to make your DUI go away, call Smith & White today!
Contact Our Tacoma DUI Defense LawyersTo discuss your case with our Tacoma DUI defense lawyers, call (253) 203-1645 or send us an e-mail through this website. We will arm you with the information you need to make sound decisions about your case. Call or e-mail the law office of Smith & White, PLLC – your free case analysis awaits you.