The most important factor is whether a breathalyzer test was performed and its outcome. In many cases, a breathalyzer test yields a significantly higher result than a blood alcohol test taken the same time. Though these test results are relatively unreliable, they will usually hold up in court. If you are stopped on suspicion of DUI, do not submit to a field breathalyzer test. If your case is built on breathalyzer test results, it is imperative that you consult with a DUI lawyer to avoid a possible wrongful conviction.
The next important DUI case factors are the results of blood alcohol tests or field sobriety tests. Though not as accurate as a breathalyzer for measuring your blood alcohol content at the time of your arrest, a field sobriety test is easily administered. Always refuse these tests if stopped on suspicion of a DUI; all they do is give police evidence against you that they would not otherwise have. In some cases, people with illnesses, disabilities, or impairments may fail field sobriety tests even when sober. If you are arrested for DUI, it is probably in your best interests to submit to a blood test when asked, though a good DUI lawyer may be successful in showing errors in this test, casting doubts on your true level of intoxication.
Not only do the results of these tests matter to the outcome of your DUI case, but so does your conduct during the arrest. Even if you refuse to submit to a breathalyzer or field sobriety test, be polite to the officer who pulled you over. Stay calm, and refuse to answer any questions without your DUI lawyer present. The arrest is when the evidence against you is collected; make the state's case as weak as possible by not providing them additional evidence to work with. During this time, the officer is watching your behavior carefully, even when not asking you questions.
Not only is your conduct once once you are stopped a factor in your DUI case, but so are your actions while driving under the influence. If you commit traffic violations or hit anyone or anything while intoxicated, your chances of being convicted of DUI increase. They also give the officer clear reason to pull you over, so your DUI lawyer will have no basis to argue that the officer did not have probable cause to stop you.
Finally, your DUI case rests on which judge is assigned to your case and the quality of your legal representation. Some judges are known to be stricter than others. An experienced DUI lawyer can fight on your behalf to get you acquitted, and will know all of the ins and outs regarding the alcohol tests administered when you were arrested for DUI. There are many specific rules which must be followed for the evidence, including test results, to be admissible in court. Both the judge and your lawyer can greatly influence the outcome of your case. Without a DUI lawyer, your chances of being convicted of DUI are far greater. Knowing your legal rights when you are arrested and obtaining a qualified DUI attorney are the best ways to avoid a DUI conviction.
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