5 DUI Arrest Myths
5 DUI Arrest Myths information will answer many of your questions regarding a DUI arrest.
According to TRIAL (March 1993) and William C. Head Copyrighted by the Association of Trial Lawyers of America. “There are 5 DUI arrest myths. Drunk driving cases represent the single largest category of criminal infractions of all reported cases. “
It is not illegal for adults to drive after drinking alcoholic beverages in any state.
Myth Number 1
Most people accused of DUI are guilty.
False: This is perhaps the most troubling myth harbored by attorneys and the general public. The police officer is required to offer you an option of a breath test or a blood test. You must select one of these two tests or lose your drivers license.
A breath test is the first test choice. Unfortunately, most attorneys have no idea how woefully inadequate infrared breath machines are as evidence gathering devices. In addition, these machines are so unsophisticated that virtually no scientist would ever trust the results as a basis for scholarly research or scientific investigation. Consequently, there are many ways to rebut the evidence from these machines if the attorney understands how the machine works, what causes them to malfunction, and that they are nonspecific for alcohol.
Blood tests are the second test choice. The blood samples are to be taken within 2 hours and follow strict rules for containment. Therefore, the blood sample can be compromised if not properly handled by the police officer or the laboratory.
The “opinion” evidence gathered by police officers typically consists of field or roadside sobriety tests. There is no scientific basis for assuming they are valid, and furthermore most officers either require the wrong tests or improperly instruct the suspect on how to perform the tests. Because these tests are optional do not take them.
In conclusion, any of these tests that you might take are not always accurate. Therefore, you may find yourself innocent but arrested for DUI caused by invalid testing. The DUI defense attorney should leave no stone unturned and therefore investigate thoroughly to find the flaws in the testing.
Myth Number 2
Drunk driving is a minor offense.
False: The consequences of a DUI conviction can include license suspension, fines, and community service. Additional punishments are probation, mandatory counseling, alcohol treatment, possible incarceration.
A DUI conviction will have repercussions lasting for the rest of the client’s life. Not all the penalties for these convictions are legal in nature. Most of those convicted of DUI also suffer serious financial and social consequences such as cancelled or increased auto, health and life insurance rates.
For example, in Colorado, a person with a five-year-old car carrying only liability coverage can expect to pay $3,000 in additional premiums over five years even for first time offenders with a drunk driving conviction. But many attorneys are unaware that most credit bureaus now include drunk driving convictions on credit reports. This not only will affect future credit, but it may also prevent convicted drivers from getting jobs where the prospective employer runs a credit check in processing job applications. Similarly a drunk driving conviction may bar or restrict employment alternatives with a significant segment of the job market.
Therefore it is very important to hire an experienced DUI attorney to eliminate or reduce these punishments and consequences.
Myth Number 3
Any attorney can defend an accused drunk driver.
When a prospective client walks into the average law office and asks for help on a drunk driving case, some attorneys will agree to represent the person even if they have never handled criminal matters. Additionally, the attorney may not adequately investigate the facts of the case or get copies of documents and other evidence that are readily available through discovery. Therefore you need to hire and experienced DUI attorney.
Myth Number 4
DUI cases can not be won.
This is the most prevalent myth about these cases. Experienced DUI defense attorneys can win or reduce most punishments in most cases of first offenders when there is no evidence of a wreck or other manifest bad driving. The formula for success is to investigate exhaustively, conduct pretrial discovery and motion practice aggressively. Use evidentiary maneuvers and procedural devices skillfully. In addition, present a well conceived, thoroughly choreographed trial with expert witnesses, character witnesses, and other tried-and-true tactics for successful defense of criminal cases. Shipp Law goes the extra mile to find all the possible defenses.
Additionally, a client may also tell the attorney that he or she could not afford to contest the charges but the penalties that will follow a conviction can be more costly than the defense.
Myth Number 5
You have to be driving to be arrested for DUI
If you are sitting in a car, have possession of the keys and the officer suspects that you are intoxicated, you can be arrested for DUI. Therefore do not sit in the car with the keys within your reach and engine running on the side of the road or the parking lot of a bar after you have been drinking.
Shipp Law Colorado DUI Attorneys
Shipp Law Colorado DUI Attorneys Dan Shipp and Clay Shipp are a strong father son team with 35+ years of trial experience. 95 % of their cases are related to alcohol and marijuana driving defense. Our clients include national and international visitors to our local ski resorts as well as residents of Colorado. We represent our clients throughout Colorado in all county and district courts. We can answer all additional questions beyond the 5 DUI Arrest Myths that you may have.
In conclusion, hire the most experienced defense DUI attorney that you can afford. Call us for a free consultation 970-927-2255.