A DUI charge can be a misdemeanor or a felony depending on the circumstances, but in either case, a conviction could have lasting consequences on you and your life.
With the help of a dedicated defense attorney, it could be possible to avoid the consequences of driving while under the influence. Although you may be feeling unsure of what to do next, it is possible to defend against these charges in a variety of ways, and a Carrollton DUI lawyer could advise you of your options.
As is the case with any crime, it is the state’s burden to prove a defendant is guilty of a DUI beyond a reasonable doubt. There are several different ways the prosecution can pursue these cases, and any of them could result in a DUI conviction on your criminal record. No matter the method that the Carrollton prosecution puts against you, an attorney familiar with defending DUI cases can help.
The most common DUI case is known as a per se DUI. With a per se DUI, the state can build their case on little more than a person’s blood alcohol concentration (BAC) at the time they were driving. According to state law, a BAC of .08 or above is enough evidence to secure a conviction. There are special laws for drivers under the age of 21 and those driving commercial vehicles.
Prosecutors aggressively pursue per se DUI cases because they can rely on an objective standard. As long as the state has an admissible blood, breath, or urine test that shows a BAC of .08 or above, they have the upper ground at trial.
Another option available to prosecutors is known as “DUI-less-safe.” Under this standard, the state can secure a conviction for a DUI without a BAC result of .08 or above. Instead, they simply need to establish that a driver was “under the influence” of drugs or alcohol while driving to the extent that it made the driver less safe. Evidence for this type of offense may include blood alcohol content, signs that the driver was impaired, and other circumstantial evidence.
Finally, the state can also pursue charges for DUI-drugs. This type of DUI has nothing to do with alcohol use, but instead focuses on someone operating a vehicle under the influence of alcohol. If a driver has any trace of illegal drugs in their system at the time of the arrest, the state is likely to succeed in proving a DUI Drug case.
Although the prosecution has various methods to use against you in a Carrollton DUI case, your attorney could provide you with numerous defense options. Defenses for DUIs usually boil down to three approaches: attacking the stop, attacking the tests, and generally insufficiency of evidence.
One option for challenging a DUI arrest is by attacking the police stop. If the police pulled you over illegally, any evidence they collect at the scene could be barred from trial. Notably, this includes the result of a breathalyzer test.
Because many DUI cases are built on a breath, blood, or urine test, challenging the results of these tests could be a viable option. A test that is mishandled or collected by a person without proper authorization could be excluded at trial.
It is also important to keep in mind that prosecutors must prove your guilt beyond a reasonable doubt for there to ever be a conviction. The slightest reasonable doubt means that you walk. We don’t have to prove anything, and their lack of evidence can be a sufficient defense.
If you have been pulled over and charged with a DUI, there are options for defending yourself in court. The best option is to discuss your case with a skilled legal team.
Let a Carrollton DUI lawyer review the facts of your arrest and help you develop a strategy moving forward. Call today to get started.
J. Ryan Brown Law, LLC