DUI / DWI Defense and Alternative Sentencing

     › Dental work can trap alcohol in the mouth, and cause a falsely high breath
        test reading?
     › Speeding, by itself, is consistent with sobriety and not intoxication?
     › Field sobriety test results can be turned into favorable evidence for you?

The prosecutor and police will attempt to prove you are guilty of drunk driving.  They will attempt to show that you were driving erratically, that you performed poorly on the field sobriety test and that you failed the chemical tests (blood, breath or urine).   If you did not submit to a chemical test, the prosecutor will attempt to use a refusal to take a chemical test as “consciousness of guilt.”

The defenses to the driving under the influence charges will generally fall into three categories: driving, field sobriety tests and chemical testing. Remember that a conviction requires 12 jurors to agree on the guilt of the accused. A skilled defense attorney is the best hope for creating doubt in the mind of the judge and the jurors.  A lawyer may be able to diminish the prosecution’s evidence so that it becomes an unreliable basis for the jury to return a guilty verdict.

A criminal defense attorney can highlight those areas where the defendant’s driving was consistent with sobriety. The lawyer will show that the driver was turning normally, parking properly, and signaling appropriately.  These driving patterns are consistent with sobriety, and they can go a long way toward presenting the complete picture and rebutting the prosecution’s case.

Any error, mistake or non-reply on the police report is helpful to demonstrate the innocence of the accused. For example, if the police report does not say the accused fumbled with his or her driver’s license, an experienced criminal defense attorney can make points by illustrating that an intoxicated person would fumble with the license, but that this accused did not do so.

A skilled drunk driving defense lawyer will know how to demonstrate the errors of whichever chemical test is involved.  Your attorney may also be able to give the legitimate reasons of why a chemical test was refused. There are many reasons for inaccurately high breath test results. The accused may have burped prior to taking the test. The testing device may be improperly calibrated. Electrical interference from police radios can skew the results. The point is that there are many ways to chip away at the trustworthiness of the prosecution’s evidence and prevent the prosecution from meeting their burden of proof beyond a reasonable doubt.

Even in the case of a conviction, it is possible for a defense attorney to obtain alternatives to jail for his or her clients. Alternatives to jail include the following:
    
› Electronic Monitoring: This is also known as "House Arrest", and it involves wearing an ankle bracelet that electronically monitors the whereabouts of the wearer. Usually, arrangements can be made for the person to go to school or work, as long as they are home by an appointed time.

› Work Release: This involves working at a site determined by the Probation Department. The participant works during the day and goes home at night to sleep.

› Work Furlough: This option allows the participant to keep his or her own job during the day; however, he or she must return to a dormitory-style facility to sleep at night

› City Jail: Also known as "weekend jail” or "private jail." Many local police departments operate a City Jail program. Participants check themselves in to the police station and spend the night.  They are released the following day.

› Alcohol Drug Rehabilitation: Sometimes a DUI or drug-related arrest is merely the unfortunate symptom of an underlying addiction. While this is certainly not the case in every instance, some people who are arrested for these types of cases can best address this as an alternative to jail. A skilled defense lawyer will know how to obtain this type of relief for clients and will prevail upon a judge to allow this as an alternative to custody and fines.

› Sober Living: For multiple offenders, or those who have a drug or alcohol problems, a sober living environment is sometimes the best alternative.  The structure of each house will vary, but residents are usually required to attend a 12-Step meeting daily, to participate in house groups and functions and to perform household chores. In addition to allowing the participant to avoid a lengthy jail stay, sober living environments have helped many improve the quality of their lives.

Each of these options should be fully explored, and a decision reached based upon the individual facts in each case.

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