Being arrested for driving while drunk or impaired can be scary, and those who have experienced such an arrest may likely think their lives of freedom are over. However, it is important to remember that being charged with a crime does not automatically mean that you will be convicted of the crime. Everyone, regardless of the nature of the crime they may have committed, is innocent in the eyes of the law until found guilty beyond a reasonable doubt, and all people have a right to a trial to fight any charges against them.
DUI and DWI charges result from any number of factors, and many of those factors depend on the circumstances surrounding the arrest. Although DUI laws are fairly uniform across all states, the methods used by law enforcement to determine those charges can be subjective and open to scrutiny. Since 2000, the legal limit for someone's blood alcohol content, or BAC, has been set at 0.08 percent, and the minimum drinking age was standardized to 21 years of age. However, when looking across all states' laws pertaining to impaired driving, this is where the similarities end in many cases.
The gray areas involved with a DUI or DWI charge emerge when one looks at the facts surrounding the arrest. No standardized measures exist for determining probable cause, so the factors leading to your traffic stop can be questioned. The field sobriety tests and breath test analyses can be performed incorrectly or insufficiently, which can lead to their results not being admissible. Furthermore, if a suspect is forced to take a blood test to determine the level of intoxicants in his or her system, those results can also be interpreted subjectively and inaccurately, and a specific chain of command must be followed by those who are conducting the test.
A conviction on a drunk driving charge can lead to serious consequences and will certainly affect your entire future. For this reason, consulting with an attorney experienced in handling DUI and DWI defenses is very important if you are facing such charges. The attorneys at The Law Office of Corey I. Cohen are experienced in DUI/DWI charges and can review all the evidence and create a defense plan that will ensure the best outcome possible.