Tag: dui

Increased alcohol tolerance in heavy drinkers Habitual use of alcohol or tolerance plays a role in how alcohol affects a particular person. What is tolerance? Tolerance is characterized by two major factors: The effects of alcohol decrease with repeated exposure to the same dose. If the dose is increased, the...

How alcohol is absorbed and eliminated Alcohol that you have ingested, but that has not yet been absorbed into your bloodstream, has no neurological effects and cannot cause driving impairment. The time-frame in which alcohol is absorbed into the bloodstream and the volume of alcohol absorbed are significant in determining...

Other non-standardized DUI tests Standardized and non-standardized tests There are many different types of field sobriety tests. Three such tests have been“standardized” by the National Highway Traffic Safety Administration: Horizontal gaze nystagmus. Walk and turn. One leg stand. Other tests are not standardized, but are still commonly used by many officers....

Divided-attention questioning DUI Defense - Field Sobriety Test - Divided Attention All field tests are preceded by interrogation Regardless of which field sobriety test is used, the test is generally preceded by an interrogation of the person to be tested. The interrogation itself is a form of a test because...

DUI Defense - “Objective” Signs of Alcohol Intoxication Odor of alcohol The odor of alcohol on a driver’s breath is one of the first clues an officer relies upon to both: Initially determine that a driver has been drinking. Provide justification for the start of a DUI/DWI investigation. However, this...

Standardized DUI Tests Field tests are less reliable than chemical tests The best indicator of possible driving impairment appears to be a reliable blood alcohol test. Chemical tests can objectively and accurately determine the blood alcohol concentration (BAC) of the driver within the margin of error of the testing method...

Secure the evidence and preserve your shoes! The first step your DUI attorney should take in preparing your case is to secure the scene and any evidence. Secure the scene As soon as you contact your DUI attorney, the attorney should ask you to return to the location where the...

Information your DUI attorney will try to obtain This article lists items your DUI defense lawyer may want to consider obtaining either by independent investigation or by asking the prosecutor for them through formal discovery. These are suggestions only. Your DUI lawyer will have to determine how important each item...

Your DUI attorney’s evaluation of your case After your initial interview is completed, your DUI attorney will evaluate your case for trial or plea negotiation, if that option is available. Your attorney will thoroughly analyze the strengths and weaknesses of the state’s case and consider whether the state can prove each element...

Initial interview with your DUI attorney In most cases, your first interview with your DUI attorney will take place at your attorney’s office. At that first meeting, your DUI attorney will: (1) ask you about what happened before, during, and after your arrest; (2) educate you concerning the charges, penalties,...