FightDUICharges company information and DUI defense law profile
Many more people are charged with DUI and DWI every year due to new drunk and drugged driving laws in every state. A driving under the influence arrest for alcohol or drugs can occur in all segments of society and is not limited to those individuals who are obviously drunk. Often, those charged with DUI-related offenses are typical citizens who did not feel intoxicated at the time, did not act drunk or high, did not drive badly, but still provided breath samples over the legal limit.
Drinking and driving, no matter how it is described, alcohol-related DUI and DWI charges are one the most heavily litigated areas of criminal law. How to Beat a DUI and Ignition Interlock at FightDUICharges is an on demand DUI defense organization and online guide, specializing free legal help for drivers seeking to learn how to challenge and defeat unfair DUI arrest charges quickly and effectively.
Everyone is entitled when charged with driving under the influence to defend themselves in court and fight to save their license. You may feel that if the police have arrested you for DUI or DWI that you will be found automatically guilty, which is not the case at all. For every new drunk or drugged driving charge there are issues and valid legal defenses available.
Under the DUI law in every state, a person has right to have a lawyer challenge the BAC test evidence the police collected, and to have a judge make a ultimate decision about the guilt or innocence of a driver - not the police.
The current law on first-time DUI and DWI offenders is strict, where the police and prosecuting attorney must do everything properly and legally to obtain a proper conviction against an accused driver. There are defenses to every DUI offense and at FightDUICharges we are national experts regarding the law on fighting drinking and driving charges for a reprieve.
Some of the best DUI defenses are found after reviewing details such as:
· · The collection of evidence against the driver. e.g. breathalyzer or blood tests
· · The right to speak with a lawyer in private.
· · The right to have your trial in a reasonable period of time after an arrest.
· · Have the police done everything proper according to procedure under the law?
· · Have all the documents been properly submitted and prepared at the court?
· · Can the local prosecution attorney prove the DUI case beyond a reasonable doubt?
The burden is on the police and prosecution to prove the guilt of the accused beyond a reasonable doubt to the presiding Judge.
Challenging Breathalyzer Evidence Against an Arrested DUI Driver
When the police collect BAC evidence such as with a breath test, there is a very strict protocol that they must follow. If any Breathalyzer results evidence has been improperly collected or stored, finding out this information early in a DUI case will provide a crucial defense for a driver. Any Breathalyzer test reading that is used as evidence in court, all rules under the law regarding its use and processing must be followed exactly in order not to be thrown out.
If the police are going to use the BAC result of a breath test to prove a DUI charge of being over the legal alcohol limit, the tests have to be:
· · taken within established time frame,
· · by a qualified breathalyzer operator,
· · typically not more than within 2 hours of the time of the traffic stop,
· · accurately reported the results to the court.
Whenever a drunk or drugged driving case goes to trial, either the breathalyzer arresting police officer or breath test technician is required to come to court. This is because the prosecution must prove to the court and judge that the breathalyzer was properly administered. Additionally, they need to show any important documents were properly given to the defendant after the arrest.
When it comes to fighting breathalyzer test results, the police have strict time limits, rules, and procedures that must be carefuly followed. In the DUI cases where the police have improperly conducted a BAC test to a driver, these invalid test rading can get the charges dismissed.
A Driver Always Has the Right to Speak to a Lawyer When Arrested for DUI
If a driver is arrested for a suspected DUI offense and was not informed of their right to a lawyer or legal counsel, the case will be dismissed.
The United States Constitution says that:
· · if you are charged with any criminal offense (which includes DUI) then it your right as a citizen to talk to a lawyer first.
· · a driver must be given this opportunity to speak with an attroney as soon as possible.
· · under attorney-client privilege, you have the right to speak to the lawyer in private without a police officer monitoring the conversation.
· · you have the right to speak you any criminal defense lawyer of your choice, and
· · the police must make reasonable attemps to let a person establish contact with that attorney.
Where it is shown that your rights as an American citizen have been violated in any way, the proper course of action for the judge hearing your DUI case is to dismiss the pending charges in court.
DUI Arrest Time Delay Argument
If a driver is charged with any DUI-related offense, a person has the right to have their case heard by a local judge within a reasonable period of time after the arrest.
The typical timeframe that is considered reasonable for a DUI is about 90 days from the date of the arrest.
If your case takes more than 6 months to a full year to go to court, our on demand DUI lawyers can file a complaint to the court to have the charge thrown out.
Did the Police Follow DUI Arrest Procedure Properly?
The police officer has strict rules under the law for charging an individual with DUI.
The arresting officer must always:
· · inform the driver they are being placed the driver under arrest,
· · read a person their Miranda Rights at the appropiate time,
· · request the driver take a breath or blood test at the proper time,
· · ensure a driver understands their constitutional rights,
· · ensure that any BAC test results evidence is collected and stored legally,
· · have the case prepared for court and that all essential documents are present.
This is sample list of some of the primary requirements police must adhere to when arresting and prosecuting a driver for DUI charges. The sworn testimony of the arresting police officer can also be a factor if there statements in court are different than their initial report.
Many times police officers are quick to create their report of the arrest. However, when the case usually goes to court a few months later, many officers have serious discrepancies regarding what they originally said had took place.
A Winning Defense to DUI
It’s your right as a United States citizen in every state of the country, to have proper legal defense in court, and fight the BAC evidence with the help of a skilled DUI lawyer.
Our free organization of a national network of the best DUI lawyer specialists who are available on demand to every driver throughout the country. Our attorneys have many years of experience with fighting and beating DUI cases of every type. We provide superior legal assistance for any person seeking to do everything possible to win and be properly represented at their upcoming local court date.
We understand how much a DUI charge can impact a person's life, but we provide expert help and solutions needed to get this behind you as quickly and smoothly as possible. Many of our attorneys are not only specialist DUI defense lawyers, but also former prosecutors, and former police officers. This vast collective background helps ensure all defenses are approached from every angle for drivers using our free online legal help.
Our winning reputation was built upon doing everything to challenge and clear a DUI case. Our proven DUI defense tactics increases tthe chances of a winning in court, and we have the positive reviews and track record to back it up.
Call (800) 346-9889 for a Free DUI Review to find your best defense option
Our on demand DUI lawyers are available 24/7, 365 days a year. Our multi-lingual specialist attorneys can provide legal help to people of all backgrounds.
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FightDUICharges Practice Areas:
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Phone: (800) 346-9889
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Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.
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