What You Must Know NOW
By now you probably realize that getting arrested for driving a motor vehicle while under the influence of alcohol and/or drugs has terrible consequences. It may involve a suspended or revoked license, a jail sentence or probation, fines-fees and/or assessments, restitution in the case of an accident-and this is just for the first offense! Then, there are the insurance implications that should never be underestimated. A conviction is something that could plague you for many years to come, even hurting you when you apply for a job.
In most cases, the otherwise law-abiding citizen becomes subjected to imprisonment; forced to pay huge fines and court costs; compelled to pay the costs of probation; and suffers unjust property forfeitures. As if this isn’t enough, many people are forced to attend meaningless re-education schools at a huge cost; subjected to psychological testing; forced to engage in involuntary forced labor; suffer government sponsored public mortification; tolerate the loss of driving privileges; endure loss of respect for the courts and their government; and agonize the loss of their jobs; their self esteem; and the destruction of their families.
When you’ve been arrested for a DUI and you don’t think it’s equitable, you need a lawyer who can protect your rights; somebody who can make sure you’re treated fairly; and who knows how to get results. You’ve come to the right place. The Law Office of Jon W Woolsey created its representation by defending people like yourself who have been unfortunately and unfairly caught up in the web of criminal complexities.
I understand that you’re probably feeling confused, angry, or somewhat fearful about what’s happened to you. The process of being arrested, taken to jail, fingerprinted, and photographed was probably very dehumanizing to you. I sincerely sympathize with that. That’s why I built this site; to help you understand the process; to help you determine a strategy for beating the charges and taking control of the situation.
Legal Challenges That Work
Despite the extremely low statistical threat to public safety posed by low BAC (Blood Alcohol Content) drinking drivers, more than 600,000 low BAC drivers are arrested and convicted for “drunk driving” in America each year. This unfortunate state of affairs has been foisted upon America by an anti-alcohol, political action organization known as Mothers Against Drunk Driving, (MADD).
It is very important to remember that there are many challenges to a DUI charge.
An officer must follow a detailed set of procedures where even one slip-up could result in the dismissal of the case. On this site you will find invaluable resources to help you understand and fight the charges against you. These include links to other resource sites related to your drunk driving defense; and the Best DUI Attorneys in the US or in California who can put up the fight you deserve to level the playing field that right now must seem very one-sided!
Consider the following questions:
- Were your constitutional rights were violated?
- Did the Officer have an appropriate reason to stop you?
- Did the Officer have reasonable suspicion of a crime to detain you?
- Did the Officer follow necessary arrest procedures?
- Were you read a rights advisory?
- Was the test to determine blood alcohol levels properly administered?
- Was the machinery that tested you blood alcohol level properly maintained?
- Were there medical reasons for registering a high BAC?
Fighting a drunk driving charge can be very complicated. Did you know that many cases are dismissed on technicalities? An attorney must have knowledge of the court system and know the different personalities and sentencing habits of Judges and Prosecutors.
Don’t Let Your DUI Ruin Your Life! Let A Legal Defense Network Attorney Fight To Save Your License . . . and Your Freedom
- It is important to recognize that the terms DUI, DWI and OWI are synonymous. Different terms are used in different states, but generally they all refer to drunk driving offenses. It is important in any DUI case to KNOW YOUR RIGHTS! Any delay in contacting an experienced DUI attorney may prejudice your case including your criminal defense and your ability to have your license reinstated.
- Second, an experienced DUI lawyer will try to suppress or minimize the evidentiary value of the results of your blood, breath or urine test. This will require an exhaustive examination of the testing procedures used, the maintenance records for any machinery implemented, a review of test operator background, training and experience.
- Third, after a thorough review, it may be possible to attack the actual chemical test results. In fact, with regard to blood and urine testes, the law enforcement agency may be required by law to preserve a second sample for testing by your defense counsel.
- Fourth, your defense attorney may attack the procedures followed by the arresting officer. Did you know that the results of a breath or blood test may be suppressed as evidence in your criminal trial if the sample was not collected within two hours of your driving conduct?
- Fifth, attacks may also be made on whether the arresting officer had a reasonable suspicion to stop your vehicle or probable cause to believe that you were driving under the influence of alcohol. Such attacks question an officer’s observations, experience and credibility.
What if I refused to submit to a chemical test? Do I still have any challenges?
Yes, of course you do! There are a number of instances where it can be argued that the refusal was reasonable including medical exceptions and sanitary conditions. Law enforcement officers must follow a very specific set of defined procedures, even in cases of a refusal. If the Cops miss even one required step, it may be a basis to suppress evidence or seek a dismissal of the charges. And, many cases are often dismissed even before a trial when challenges are made to procedures or evidence. It’s the job of your attorney to demand that the arresting officer appear and testify at trial or at a motion to suppress or at an administrative license suspension hearing. That’s 3 shots at the same guy over the course of several months. Do you think he can remember your specific case or remember what he said on separate occasions about the circumstances surrounding your specific case? No way! This provides your attorney with an opportunity to test the officer’s memory, the procedures he or she implemented, and his or her background and credibility.
How To Discredit Field Sobriety Tests
Many police agencies are using a roadside breath-testing device as an additional field sobriety test. Called “PAS” (Preliminary Alcohol Screening) units
, these are hand-held devices that are supposed to give a rough indication of the driver’s blood-alcohol concentration (“BAC”). These PAS units are very primitive and unreliable, and are supposed to be used only to aid the officer in making a decision after he has given the other field sobriety tests. Unfortunately, some judges in some States and Counties permit the results into evidence in trial. Again, submission to a PAS test is not legally required (unless you are under 21 years of age). As you can see, there is not a clear-cut case of GUILT. The laws are COMPLICATED and the evidence against you is SUSPECT. The officer who tested you and arrested you was obviously biased. He or she made the stop and then wanted to find you guilty in order to justify the stop and justify the time they spent with you. Once the officer asks someone to get out of the car, chances are you’re going to jail whether drunk or not.
When officers stop a motorist suspected of DUI, they routinely ask the driver to perform several field sobriety activities. These “voluntary” “tests” (did you know you didn’t have to take them?) were developed to assist law enforcement officers in making roadside determinations as to whether a motorist is under the influence of alcohol or drugs. Through the performance of these tests or evaluations, the officer subjectively determines how the motorist reacts to and performs the requested tasks.
Even a sober athlete in the best of conditions can “fail” these tests.
Every officer administers them differently. They all throw in their own biases, their own experience, and their own interpretation of the results. Then, hours later and often without notes, they submit a report on your “failure” and attempt to use it in court to convict you or intimidate you from ever challenging their roadside determination of your guilt! The tests were developed by the National Highway Traffic Safety Administration (“NHTSA”). Chances are good that some or even all of the tests you were asked or told to perform were not among the 3 tests that have been scientifically proven to have some degree of reliability in determining whether or not your driving was impaired. These Standardized Field Sobriety Test (“SFST’s”) are (1) the walk and turn test, (2) the one leg stand test, and (3) the horizontal gaze nystagmus test. It is very important to understand that if these tests were not administered properly, or if conducted without adhering to the training protocols, then the validity of the officer’s evaluations are likely “compromised” and need to be challenged!
Among the tests that officers routinely ask subjects to perform include reciting the alphabet (or a portion thereof), picking up coins off the ground, or touching index fingers to the tip of the nose while the subject’s eyes are closed with head tilted back. Other versions of tests are made up by the officers, should have zero reliability, and should be attacked and challenged by a knowledgeable attorney.
Field Sobriety Tests were designed with failure in mind, not for fairness.
And, the circumstances under which these tests are administered are often detrimental to even the soberest of drivers. A good attorney will expose conditions such as wet and slippery roadways, flashing lights and passing cars and trucks, dimly lit streets, wind, rain, uneven road shoulders and cracked sidewalks. All of these circumstances will lead to failure. Some “non-standardized” tests are so ridiculous and difficult to perform that proof of non-validity is easy to prove with almost any jury or judge. And, officers who lack NHTSA training predictably cannot cite any studies or scientific research which “validated” their tests. Furthermore, the scoring (e.g., “pass” or “fail”) or their testing methods are determined by the single slip of one step in a series of several complicated maneuvers. If non-standardized tests are used, the number of errors that lead to a subject failing is totally subjective and varies with each officer. Hence, the untrained officer is usually an easy target for a skilled and knowledgeable criminal defense attorney who knows the “limitations” of these field tests.
You need an attorney who can challenge all of these evidentiary submissions.
You need an attorney who has the experience and education to make the appropriate challenges at every level of proceedings. You need the DUI911 to help you WIN and protect your license and reputation. The courts take driving while intoxicated seriously and so do I!