Have you been arrested and charged
with a crime?
If you have been arrested remain silent and only speak to an attorney.
As soon as you are taken into custody you must be informed of your rights.
You have a right to remain silent, anything you say can be held against
you. You have the right to legal counsel and that if you cannot afford
a lawyer, in many cases one will be appointed for you. If you choose,
you may have a lawyer present during interrogation. In most cases, an
attorney will be able to arrange your release by having you post bail
or by obtaining a court ordered release. Remain calm and consult an attorney.
Have you been arrested for DUI?
If you have been arrested for DUI explain to the police that you
know your DUI rights. You have the right to an attorney. You
may refuse a handheld Breathalyzer as well as the field sobriety
test. Your rights allow you to refuse to answer any questions,
including the amount of alcohol you have consumed. Exercise your
DUI rights once arrested and use your phone call to contact a
trusted loved one or an attorney.
What are DUI Breath Machines?
DUI breath tests are the most commonly used for charging a defendant
with drunk driving. Testing blood, breath, and urine can present
a wide range of potential interferers. Breath machines assume a
ratio of converting alcohol in the breath into alcohol in the blood
as well as registering many other chemical compounds on the breath.
The ratio varies widely from person to person; height weight and
the amount of alcohol in your system may vary from one moment to
another. Further, like all machines, breathalyzers are prone for
breaking down and giving false readings. Getting maintenance logs
and inspection data on the breathalyzer is essential and can lead
towards suppressing the breath-alcohol results.
What about radio frequency interference
and inaccurate readings?
New and more sophisticated analytical devices have been introduced
to prove the accused’s blood-alcohol content. But as the methods
of analysis become more complex, the possibilities for error continue
to grow. Calibration is routinely required to ensure breath testing
machines record accurate results. How detailed the calibration varies
from state to state, most states require only quarterly maintenance
checks, strict, detailed calibration requirements are necessary. More
important is the diagnostics check because it searches for bad components
in the breath testing machine. It’s important to contact an attorney
immediately following your booking.
What if I am convicted of DUI?
Conviction on a DUI charge has serious consequences, including hefty
fines, driving education classes, license restrictions, and can
even include jail time or imprisonment. If the DUI charge involves
an injury or a fatality, you may be arrested on felony charges.
Similarly, if this is your third DUI or higher, you may also face
felony charges. A felony conviction can bring higher fines, a longer
license suspension, required attendance in a drug/alcohol treatment
program and a longer jail sentence or imprisonment. Consult a qualified
attorney for more information on drunk driving penalties.
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