If you are facing DUI-related charges, there are a few things that any DUI attorney will recommend you know. Most states and jurisdictions require specific things of those being prosecuted for driving under the influence, things about which all DUI lawyers should be well-informed. This does not mean, however, that everyone facing a DUI or DWI understands what is required of them by the courts. It is not impossible to imagine that a court-appointed attorney might not have enough experience with such charges to fully brief their client.

In most places within the US, drivers are considered over the legal blood-alcohol limit when they reach 0.8% – a measurement which is taken via blood, urine or breathalyzer test. The prosecution must show that a defendant exceeded this limit in order to obtain a prosecution. In fact, a case would not even go to trial if blood alcohol ratio cannot be solidly established.

A defendant’s first task is to obtain a copy of the testing lab’s procedures and protocols, schedules concerning equipment maintenance and records stating the proficiency of the techs involved in the testing. Make sure that all of these things meet the national standards required by the NCCLS.

Find out whether the samples tested by the lab were collected according to the proper procedure. Many jurisdictions require that any testing or booking be videotaped. A test may be taken to establish probable cause for an arrest, but another should be completed upon booking. This second test must be completed and recorded according to an established procedure. If this procedure is not followed, the evidence may prove unstable in court.

Procedures that must be followed are likely to include placing the defendant under observation for at least 20 minutes in a “clean” room which contains nothing that could possibly destabilize testing results. It is often the case that a DUI case will be thrown out because officers failed to comply with standard procedure in these cases, a defendant must have been properly observed before having a test sample properly collected. Sometimes police will forget to ensure that radios, cell phones, and other electronic devices have been removed from a defendant’s person such items can interfere with results of a breathalyzer test.

The defense may obtain access to the testing machinery especially that which is generally used for the breathalyzer test to have it independently verified as being able to produce accurate results.

If you feel overwhelmed at the prospect of investigating for your own case, consider hiring a lawyer who tends to work specifically with DUI cases. A court-appointed attorney is certainly better than nothing, but hiring a lawyer with an excellent track record in these circumstances may be incredibly beneficial. A good defense attorney will know exactly what to do when it comes to examining the evidence, and will be able to seamlessly note anything that needs to be called into question. The goal is to cast as much doubt on the prosecution’s case as humanly possible and the best way to do so is to be in the hands of an inspired defense lawyer.

Author Bio: Ellie Lewis recently worked with a Cincinnati DUI attorney while conducting research for a new article. She learned quite a bit about the merits of hiring a great attorney when she spent a day with a small group of Cincinnati DUI lawyers helping to make their practices more efficient.

Category: Legal
Keywords: Cincinnati DUI attorney,Cincinnati DUI lawyers