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Five Myths About DUI

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Myth Number 1: Are Most People Accused Of This Crime Guilty?

This is perhaps the most troubling myth - one fostered by attorneys and the general public. In my opinion, an attorney who believes this should never represent a person accused of drunk driving. Such a mindset can eliminate objectivity and impede an effective defense.

Most attorneys have no idea how woefully inadequate breath test machines are as evidence-gathering devices. These machines are so unsophisticated that virtually no scientist would ever trust the results as a basis for scholarly research or scientific investigation. Yet attorneys and the general public assume that, since the state has approved the machine, its accuracy and reliability are not subject to challenge. There are many ways to rebut the evidence from breath alcohol machines if the attorney understands how the machines work, what causes them to malfunction, and that they are non-specific for alcohol.

The 'opinion' evidence gathered by police officers typically consists of field or roadside sobriety tests. These agility tests are supposed to indicate that the person suspected of drunk driving is actually impaired or in some way 'a less safe driver.' Scientific studies have shown that since field sobriety tests are not given uniformly, there is no scientific basis for assuming they are valid, and most officers either require the wrong tests or improperly instruct the suspect on how to perform the tests.

Any other 'observation' evidence from a police officer will generally be inconclusive and subject to several interpretations by experts or attorneys. For example, bloodshot eyes can be caused by contact lenses, allergies, or lack of sleep. The defense attorney should analyze the evidence that will likely be presented and take the time to investigate the medical background of clients and the environmental contaminants to which they have been exposed. Much alleged evidence of intoxication can be neutralized or eliminated from the state's presentation with findings from this investigation. The defense should leave no stone unturned.

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Myth Number 1: Are Most People Accused Of This Crime Guilty? | Myth Number 2: Is Drunk Driving Is A Minor Offense? | Myth Number 3: Can Any Attorney Defend An Accused Drunk Driver? | Myth Number 4: Are DUI Cases Winnable? | Myth Number 5: DUI Cases Are Just Like Any Other Criminal Case |
Canadian Travel With DUI  | Choosing a DUI Lawyer  | FAQs  | Five Myths About DUI  | Free DUI FAQ Download  | Traffic Stop Red Flags 


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