Driving under the influence Lawyer
Officers sometimes rely on what's called a "nystagmus" test, in which the suspect is asked to shift eye gaze from one side to the other while the officer shines a light in his or her eyes. The theory is that the gaze of someone who is impaired by alcohol or drugs will be jerky rather than smooth.
The defenses to field sobriety tests are often the same as with officer observations. Medications and lack of sleep can make it considerably more difficult to perform these tests. Many people also have physical impairments caused by injuries - or simply aging -that make it impossible to perform these tasks under ideal conditions.
Your lawyer may cross-examine the arresting officer in detail as to whether the officer asked you if you had physical impairments or there were particular circumstances that would make it difficult to perform the tests. Your lawyer may also point out to the jury that many jury members may have similar difficulties performing the tests, such as by asking the jury if they could recite the alphabet backwards under the best of circumstances.
Blood Alcohol Content Defenses
When you consume alcoholic drinks, the alcohol is absorbed into your blood stream. The level of alcohol in your blood, called the Blood Alcohol Content ("BAC") can be measured by different tests. In all states, you're presumed to be drunk and unable to safely operate a vehicle if your BAC is .08 or greater. This measurement means that your blood contains eight/ one-hundredths percent of alcohol.
Driving under the influence Lawyer
Q: DUI laws only apply to cars, trucks, and motorcycles, right?
A: No. In many states, you can be arrested if you're drunk or impaired while driving a boat, bicycle, mechanized wheelchair, all-terrain vehicle (ATV), or even a riding lawn mower or tractor. And, you don't necessarily have to be on a public road. You can be arrested for DUI if you're on private property and an officer sees you operating the vehicle unsafely and suspects you're drunk or impaired.
Driving under the influence Lawyer
Q: If my driver's license is suspended, how can I get it back?
A: "Occupational" or "restricted" licenses' are available under many different circumstances. The judge must find that an "essential need" exists, such as the need to travel to and from school or work. In most instances, the license is restricted to the routes, areas, and times you need to drive. If you violate the restrictions - say by driving your girlfriend to dinner on Saturday night - your license may suspended fully or even revoked.
Q: What are the penalties for a DUI conviction?
A: The penalties for a DUI conviction vary from state to state and depend, in large part, on whether this is a first, second, third or subsequent conviction.
Officers sometimes rely on what's called a "nystagmus" test, in which the suspect is asked to shift eye gaze from one side to the other while the officer shines a light in his or her eyes. The theory is that the gaze of someone who is impaired by alcohol or drugs will be jerky rather than smooth.
The defenses to field sobriety tests are often the same as with officer observations. Medications and lack of sleep can make it considerably more difficult to perform these tests. Many people also have physical impairments caused by injuries - or simply aging -that make it impossible to perform these tasks under ideal conditions.
Your lawyer may cross-examine the arresting officer in detail as to whether the officer asked you if you had physical impairments or there were particular circumstances that would make it difficult to perform the tests. Your lawyer may also point out to the jury that many jury members may have similar difficulties performing the tests, such as by asking the jury if they could recite the alphabet backwards under the best of circumstances.
Blood Alcohol Content Defenses
When you consume alcoholic drinks, the alcohol is absorbed into your blood stream. The level of alcohol in your blood, called the Blood Alcohol Content ("BAC") can be measured by different tests. In all states, you're presumed to be drunk and unable to safely operate a vehicle if your BAC is .08 or greater. This measurement means that your blood contains eight/ one-hundredths percent of alcohol.
Driving under the influence Lawyer
Q: DUI laws only apply to cars, trucks, and motorcycles, right?
A: No. In many states, you can be arrested if you're drunk or impaired while driving a boat, bicycle, mechanized wheelchair, all-terrain vehicle (ATV), or even a riding lawn mower or tractor. And, you don't necessarily have to be on a public road. You can be arrested for DUI if you're on private property and an officer sees you operating the vehicle unsafely and suspects you're drunk or impaired.
Driving under the influence Lawyer
Q: If my driver's license is suspended, how can I get it back?
A: "Occupational" or "restricted" licenses' are available under many different circumstances. The judge must find that an "essential need" exists, such as the need to travel to and from school or work. In most instances, the license is restricted to the routes, areas, and times you need to drive. If you violate the restrictions - say by driving your girlfriend to dinner on Saturday night - your license may suspended fully or even revoked.
Q: What are the penalties for a DUI conviction?
A: The penalties for a DUI conviction vary from state to state and depend, in large part, on whether this is a first, second, third or subsequent conviction.
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