A DUI arrest can be a stressful experience. At the time of your arrest, the law enforcement officer may have conducted a series of tests in order to determine your blood alcohol content (BAC) level. Anything over .08 percent is considered illegal, and this percentage is usually determined by administering a chemical test, such as a blood, breath, or urine test.
I understand how hopeless your case can seem when this kind of incriminating evidence has been gathered by law enforcement to convict you. I have some good news: we can fight back for you.
When you choose to entrust your case to James Adams, you can rest easier knowing:
Mr. Adams has handled countless DUI cases
Mr. Adams does not take unnecessary risks with the outcome of your case
If you were arrested for DUI, call James Adams today. Our legal team will work tirelessly to investigate your charges from every angle and use our findings to aggressively dismantle the case against you.
POSSIBLE DEFENSES TO A DUI CHARGE
An arrest does not equal a conviction. You have the right to a fair trial, and our team will stand by your side and fight to defend your rights every step of the way. It is equally important to remember that police officers can make mistakes. In fact, it is possible that your charges can be dismissed entirely if one error that was made during your arrest.
Evidence of any of the following may be used in a defense to your charges:
Contesting the validity of the stop
Whether you were actually seen driving before you were arrested
Whether your blood alcohol (BAC) was rising
Acid reflux (Also known as gastroesophageal reflux disease (GERD)
Failure to properly preserve your blood sample
No 15 minute observation waiting period prior to the breath test
Unreliability of breath machine
Whether we manage to obtain a reduction or dismissal of the charges, you can be sure that when you entrust your DUI case to James Adams, we have your best interests in mind and we will relentlessly fight for you with every defense option available.
COMMON QUESTIONS ABOUT DUI
Is there enough evidence to prove their case?
One thing that is important to keep in mind when it comes to arguing possible defenses is that regardless of what actually happened, the prosecution has the burden of proving beyond a reasonable doubt that every element of the crime charged is established by the actual evidence. For example, if the prosecution cannot prove that you were driving, I can argue they have failed to meet their burden. Evidence that probably or more than likely proves your guilt is not proof beyond a reasonable doubt.
Were you arrested during a valid traffic stop?
If the officer did not have legal grounds for stopping or detaining you, any evidence obtained (for example, alcohol tests and incriminating statements) will be suppressed. This almost always results in the case being dismissed.
Is there proof that you were driving at the time of the stop?
If you were not behind the wheel of an operable motor vehicle when contacted by the officer, then regardless of what your level of intoxication was, the prosecution must prove that you were driving.
Can they prove you didn’t have any alcohol between the stop and the arrest?
There may have been a gap of time between when you were driving and when you were first contacted by an officer. If the prosecution cannot prove that you didn’t have anything to drink during that space of time, it may be difficult for them to prove what your level of intoxication or BAC was at the time you were driving.
Can they prove that the breath or blood test is reliable and accurate?
Testing breath to determine the amount of alcohol in a person’s blood is a very technical procedure. If the testing process is not done exactly right – and sometimes even if it is – the result can be unreliable or inaccurate. For example, the accuracy of the breath result can be dramatically affected by the equipment used, the maintenance of the equipment, the way the officer administered the test, the officer’s training, whether you were sick, on medication, or if you had recently drank, eaten, burped, coughed, or sneezed, just to name a few.
Likewise, we force the prosecution to provide documentation proving that the blood sample was drawn properly, preserved properly, and tested properly. We scrutinize all the documents (often hundreds of pages) and look for any mistakes that may have been made, or indication that the result may be unreliable or inaccurate.
Do you have a rising blood alcohol defense?
It can take up to an hour and a half for alcohol to be processed into your blood stream. We may be able to argue that even though you were over the legal limit at the time you were tested, you may have been below the legal limit at the time you were actually driving. If you have a few drinks at a bar, drive three blocks home, and after an additional hour at home find yourself beginning to feel intoxicated, that does not mean you were under the influence when you driving home earlier.
Did you have an open container of alcohol in the vehicle?
Many people think that having an open container in the vehicle is bad for their case. However, while it may result in a ticket for an infraction and perhaps even cause the officer to suspect you of DUI, if properly argued the existence of an open alcohol container can provide a h2 argument for a rising blood alcohol defense.
Were you read your Miranda Rights?
The officers are not required by law to read you your rights, but failure to do so could result in the exclusion of incriminating statements and therefore significantly help your case.
How was your performance on the field sobriety tests?
Regardless of how you actually did on these tests, the officer may put in the report that you failed them. However, there are numerous ways to attack field sobriety tests as a reliable method of determining impairment. Field sobriety tests are, at best, measurements of your balance and physical coordination, abilities that vary from person to person.
Therefore, an individual’s performance does not necessarily indicate that he is under the influence of alcohol or drugs. We have been able to discredit these tests time and time again by establishing that the instructions were improperly given, the individual could not perform them under any conditions, and by presenting numerous peer-reviewed studies that prove the unreliability of the tests.
Do you have any medical conditions that may have affected the breath results?
Certain conditions such as GERD, acid reflux, or heart burn, can cause false readings. Whether or not you are sick (the flu or a cold for example), diabetic, or use an inhaler for breathing-related issues is also significant.