Driving Under the Influence

DWIA charge of driving under the influence (DUI) can impact a person’s life in multiple ways. Not only can it cause a suspension of their license, but it can impact their employment as well. While it is always desirable that someone who is unsafe driving be removed from the road, the charge of driving under the influence is far more complicated than driving while intoxicated (DWI).

DWI versus DUI

Before the 90s you would always hear the charge of driving while intoxicated (DWI) and it referred primarily to driving under the influence of alcohol. For the most part, these charges were cut and dry. Either a sobriety test was failed, or a blood test returned a positive about the legal limit. You could argue the Breathalyzer for accuracy, and you could also argue the legality of the “drunk vans” that got popular for a while. In the late 90s and 2000s, more jurisdictions adopted laws regarding driving under the influence (DUI). This was a part of the continued “war on drugs” to recognize that drug use could just as much impair your ability to drive as alcohol did.

The most common defense

According to experts , the most common defense in a DUI case is to look for the presence of prescription medication and an unexpected side effect causing the erratic behavior. Even when there is the presence of illicit drugs in the person’s system it can be successfully argued, based upon their body type and history, whether or not the substance merited a charge or was nullified by their condition. In many instances, a DUI conviction is going to hinge on the verifiable accuracy of the testing done, and when the testing occurred. Defeat the lab and you defeat the charge, but only if you get the Top Lawyer.

Bringing in a challenge to the test

Bringing in a challenge to the validity of the test issued is easily done. You don’t even really need to hire an expert but can use submitted precedents citing findings on the validity of the tests as your proof. Many courts will allow this for admission. You can also challenge based upon the time frame of the substance. To do this you must present an expert who can reliable explain the passage of the substance through the body and whether or not evidence of it in the blood stream also means that it would be impairing judgment and ability in operating a vehicle.