Drinking and Driving can be Defended
Drinking and driving lawyer, Aaron J. Boria, fights for his clients and gets extraordinary results that other lawyers simply cannot. Call (734) 453-7806 today for a free consultation.
Many clients call my office for a drunk driving consultation and tell me that they had consumed a few drinks and drove their vehicle and they ask me if they should just plead guilty and take the punishment. The answer I give to these clients is “no”.
There are many other ways to defend a drinking and driving conviction. The burden is always on the prosecution to prove their case beyond a reasonable doubt, which means they have to present evidence of guilt. This also means that the evidence the prosecution uses against you must have been legally obtained.
That’s right, the police often obtain evidence illegally, sometimes intentionally and unintentionally, and try to use it against you. If you weren’t drinking, or weren’t drinking enough to have the blood alcohol level the police claim you may have a defense. If you weren’t the driver or it cannot be proven who the driver is you may have a good defense.
There are three basic ways to challenge a drinking and driving offense.
Stopped for DUI
The police cannot pull you over just because they feel like it. The police must observe you commit a civil infraction such as speeding or failing to use a turn signal in order to stop you, or they must be able to articulate facts that suggest you were driving drunk such as swerving outside of the lane.
If the police cannot show a civil infraction or reasonable suspicion of drinking and driving then any evidence gained as a result of it must be suppressed, which would include evidence of blood alcohol. The case in turn should be dismissed.
Arrested for DUI
After police stop you they must meet a higher burden to arrest you, the burden is probable cause that a crime occurred and that you committed that crime. In order to meet this burden police will often ask that you perform filed sobriety tests.
Just as in cases where you are stopped for DUI the police must be able to articulate reasons they arrested you. If you preformed field sobriety tests, or didn’t perform them at all they may have a difficult time explaining why they arrested you and as a result the case could again be dismissed.
Testing for Alcohol
Just as in being stopped for drinking and driving and arrested for it the police must do so within the rules of law, failing to do so results in suppression of evidence and dismissal of the charges against you.
There are very specific rules for testing a person’s blood alcohol level and failure to do them correctly could again result in the dismissal of the case against you.
Drinking and Driving Lawyer
DUI lawyer, Aaron J. Boria, defends those accused of drinking and driving daily. Boria is certified in field sobriety testing as well as chemical testing. Boria attends classroom lectures regularly on cutting edge drinking and driving defense.
Boria knows the law and we know how to fight for our clients. In more than 90% of the cases we handle our clients charges are reduced from what they were charged with.
Recent results include felony drunk driving reduced to misdemeanors and misdemeanor OWI charges reduced to non drinking and driving offenses or even petty offenses.
For a free consultation contact criminal lawyer Aaron J. Boria (734) 453-7806.
