Breathalyzer And Field Sobriety Tests Lawyer
You are not required by law to submit to either field sobriety tests or to chemical breath tests. If, in fact, you have been drinking and suspect you are over the legal limit, it may be better in the long-run that you respectfully decline. Your license will automatically be suspended for one year; however, you will be spared the repercussions of a possible DUI/DWI conviction.
Unfortunately, exercising your rights when an officer suspects you of drinking and driving runs counter to the behavior most of us have learned. You might have felt that it was the proper course of action or believed that you were within the legal limit.
You Took The Tests, Now What?
There are a number of legitimate, legal challenges to evidence gathered by an officer. Even judges and prosecutors agree that DUI law is complex and can be difficult to prosecute, with evidentiary deficiencies, procedural aberrations and tough constitutional standards. A veteran DUI lawyer can make the difference between a devastating outcome and a dismissal.
Remember that results from a portable Breathalyzer device are not admissible in court. Results are used to establish probable cause.
Once you are detained, the officer must read you an implied consent statement, which says in essence that you have a certain amount of time to contact an attorney for legal advice and that he or she will permit you to obtain an independent blood test (at your expense) if and only if you cooperate and submit to the requested blood, breath or urine tests.
Were you given the opportunity to obtain an independent blood test? Were you given the opportunity to call a lawyer?
Louisville DUI Attorney
DUI cases are rarely open and shut. A knowledgeable DUI lawyer can win many cases though his or her client’s BAC level is measured well over the legal limit.
I am Gary Stewart, and I am in the courts of Kentucky week in and week out. I can help. I have more than 25 years trying cases in state and federal courts and have tried more than 80 cases before juries.