and Reese I. Joye, Jr., Esq. It may be the case that the machine is faulty and the accused had consumed significantly less or no alcohol. Liverpool NSW 2170, Suite 1, Lower Ground Floor, 55 Phillip Street Don’t violate your state’s privacy laws to gather this evidence.] North Carolina has earlier versions of the Intoxilyzer machine, for the Intoxilyzer 5000. Proving that the defendant partition ratio is not “normal” such that the pre-set breath testing machine standards are inaccurate can provide the necessary evidence to convince the jury that the BAC results are not worthy of belief. The failure of the officer to restart the observation period will be grounds to exclude the state’s BAC results. The police may well be looking for you down the road. Remember, if you drink heavily, even 10 hours of waiting will not eliminate a sufficient amount of alcohol to drop your blood alcohol level below your state’s. Sentences range from a fine and mandatory disqualification to … If pressed about consumption, simply ask if you are under arrest. For many people, being charged with drink driving is the first time they have had any involvement with the police and the legal system. This ensures that designated drivers have something to sup on, and it … Other states limit their police forces to one breath testing device, and to a specific model number. In most instances, only repeat offenders will end up in jail. On the night of your arrest, complete your attorney’s DUI client intake questionnaire. However, an administrative suspension of driving privileges will be the consequence, in most states. The simplest way to avoid drunk-driving incidents is to stay away from alcoholic beverages. How to avoid a criminal conviction as an Adult Offender . For blood tests, most states only permit highly-trained medical personnel to collect blood samples. Before going out for the evening, always prepare your vehicle by checking to make sure it has no equipment defects, that the tag is current and is visible (including all decals showing the current tax year being valid) removing any and all incriminating items (such as open containers of alcohol, drug paraphernalia) and any valuables. “Blend in” with traffic because studies have shown that it is significantly more difficult for police to detect an impaired driver than when your car is isolated on the highway. Drink Driving Trials, 87% We have successfully defended 81% of all drink driving cases we have dealt with, with a combination of our knowledge and expertise and the use of reliable experts in the majority of the cases we have been able to establish that the prosecution cases have been defective evidentially. Finding the right lawyer to act for you is crucial to avoid a motoring conviction and more importantly, to avoid driving disqualification. Put together a “kit” of items to assist you to avoid incriminating yourself and in order to be prepared in the event you are stopped by the police. A fever or an elevated “body core” temperature (possibly caused by “hot flashes” or immersion in a hot tub) can cause a breath test reading to read artificially high. They may also gather evidence to prove the existence or non-existence or certain facts. Alabama abandoned the Intoxilyzer 5000 in the late 1990s after extensive testing showed the unreliability of these devices. Since then, the availability of training courses has grown to the point that a dozen or more courses per year are offered across America annually. Go to a motel and check in, or call someone to come get you. Call upon a friend or relative to assist you in arranging for bail so that you can get out of jail promptly. These ignition interlocks will have the greatest impact if installed for every offender, including first time convictions. Other reasons the court considers relevant. If the police ask your permission to videotape you, don’t agree to this, since this likely means that you look drunk, and they want to tape you so it can be used against you later. On top of this, finding insurance following a conviction will be difficult, and most of all, expensive. Once you have stopped your vehicle, an officer exercising his or her community caretaking functions can stop, too, and needs no reasonable suspicion of a crime occurring to legitimately come in contact with you. Under the penalties introduced by the Road Traffic Act 2006 all convictions for drink driving result in a mandatory disqualification from driving. The failure of the state to comply with the mandates of the operator’s manual can lead to exclusion of the BAC test results. aged 18 or over) the court will automatically consider a conviction for that offence. In Texas, a repeat offender cannot get his or her car back until an interlock device is installed, during the pendency of the DWI case. Different technology and patents are used on all brands. To recognise a potential defence it is important to seek legal advice. "To avoid any uncertainty, if you think you’re over the limit, don’t take the chance. For example, it is important to have a host of drink alternatives like water, soda and juice on hand. DON’T delay this important step. In some states courts have ruled that an officer who has been asked to assist the detained person to get an independent test MUST offer meaningful assistance including permitting the person to obtain cash from an ATM or calling friends or family to bring cash to the hospital. A motion for speedy trial forces the prosecutor to bring the case to trial, or suffer a dismissal as a result of failing to meet the statutory deadline set by state law. It is a quick and simple process, but being able to provide PROOF of delivery is critical, to protect your driving privileges. The ALS or ALR appeal typically keeps you driving legally, although (in the past decade) some states have added the requirement of installing an ignition interlock device, as a condition of being allowed to drive. If you go out alone, do not drink alcohol. Once the state has put up all of its witnesses and evidence, and has “rested”, the defense attorney can seek to have the judge decide that the evidence in the case is insufficient to support the defendant’s conviction. In the event of an accident involving death or serious injury, you can be charged with a felony vehicular homicide offense (vehicular manslaughter in some states) with any measurable level of alcohol in your system. Many of our clients contact us in relation to lower level crimes such as drink driving, drug driving, unlicensed driving, minor drug possession or common assault charges and they want to know if there is any way that they can have their case pleaded to the Court to try and avoid having a criminal convictions recorded against their name. Vomiting or burping delays the start of the breath test due to the contamination of your mouth by alcohol brought up from the stomach. If you receive a traffic ticket for a moving violation, and not a DUI citation, don’t press your luck by continuing to drive after receiving it. (Mr. Head’s FIRST “Student” certificate is posted below.). Many prospective clients have told me that they “felt guilty” by virtue of being cuffed and taken to jail. As a result of PCA offences being so common, preparing a case that sets you apart from the many others should be your greatest concern. If you are unprepared and have not obtained legal advice you may not know what you should plead. If you have a lawyer they can accept facts for you on your behalf. Hence, expect to pay your criminal lawyer to get him or her to sign on as your legal counsel and properly handle this very important matter. If you have a criminal record, you may have to apply for … Where the judge refuses to excuse a biased juror from the jury panel in your case, such refusal will constitute reversible error in the event you are convicted. Call LY Lawyers, 24/7, for a free consultation with one of our Drink Driving Lawyers. By asking the officer whether you can make telephone calls to an attorney or family member prior to submitting the official BAC tests, you may be taking advantage of legally-permissible delays that will make your BAC tests more favorable. By: William C. Head, DUI Lawyer Atlanta -Author of 101 Ways to Avoid a Drunk Driving Conviction, Sadness, remorse, and “feeling guilty” after your DUI arrest do not win cases! What will happen if I am convicted for a DUI offence? The Best Way To Avoid a DUI Arrest Is Not To Drive After Drinking. Failure to prove venue will cause a conviction to be set aside at a timely post-trial motion, if the jury convicts the defendant. The four brands of US-made breathalyzer devices are: Intoximeters, Inc. bought National Patent, the owner of the Datamaster brand a few years ago, to become the world’s largest manufacturer. Now, the Intoxilyzer 9000 breath test machine is Georgia’s sole, approved breathalyzer device. Criminal Lawyers Sydney | Privacy Policy | SEO by Red Search. Avoiding a conviction. Middle range and high range PCA offences carry terms of imprisonment. You may be “on camera” with the police department’s video tape machine. By use of a motion for a Bill of Particulars, a defense attorney may cause the prosecutor to commit himself to a specific trial strategy. Your eyes appeared blood shot from symptoms of intoxication when in fact you were extremely tired. Knowing how to deal with the situation properly should mean you manage to avoid a custodial sentence. We understand that losing your driving licence can heavily impact on your day to day life. Some examples but certainly not all aggravating factors are listed below: The answer is yes! Advice For Avoiding Jail For Drink Driving Convictions. Don’t delay in doing this. Do not use cell phones, light cigarettes or reach down to change channels on the radio and risk committing a minor traffic offense that may get your car pulled over. The best DUI-DWI lawyers in YOUR state have used all 101 ways above to win lots of drunk driving cases. Always ask for “split” samples on blood tests so that an unaltered portion can be later tested to determine unusual hematocrit or other atypical conditions of your blood. Where the test has not been administered within 2 hours of driving the accuracy of the reading will fail and the accused may have grounds to defend the matter. Beyond the danger to the lives of you and others, it can land you with a hefty fine, a driving ban and even a lengthy prison sentence. If the police deprive you of your freedom of movement (has you detained and in ‘custody’) and then elicit answers from you to their incriminating questions without first giving your. The guideline judgement states that between 1996-2001, 77 percent of the 5,700 people convicted of a PCA offence had no prior conviction for a PCA offence. However, the cause of the non-completion of tests can not be your refusal or willful non-compliance with the officer’s request for a sample. Don’t be a good Samaritan on the way home because acts of kindness or civic-mindedness can bring you into contact with police, resulting in a driving while intoxicated conviction. Some states permit a limited right for you to do so, and you should, If the officer launches into a driving under the influence investigation, ask him or her if a, If requested to take the “official” state breath test and/or blood test, your delaying tactics or insistence on speaking with a DUI-DWI attorney (if you have been told that no right to counsel exists in that state) can constitute a refusal, causing an implied consent license revocation or. You should always seek legal advice on how to avoid a drink driving conviction. By way of example, the state of Georgia once had the Intoximeter 3000 breath device (made by Intoximeters, Inc.) as its sole and exclusive breath tester, from the 1980s until December of 1994. Whenever plasma is tested, the results can be as much as 20% higher than when whole blood is utilized. The failure of the arresting officer to follow through in giving the required. How do I prepare for a Drink Driving Court case? A DUI offence also includes driving under the influence of prohibited narcotics such a methamphetamine or ‘ICE’. Where a single breath test is utilized by the state, your attorney may be able to assert due process and equal protection arguments that may convince an appeals court that the state’s use of one test is constitutionally infirm, particularly where no sample is preserved after your request for same. Although this book is currently out of print, Mr. Head has set forth below the list of the 101 Ways to beat a DUI from his book. This means that repeat offending is of less importance than the need for general deterrence in the community. Inexperienced attorneys, (in my opinion) will overlook — or not even KNOW — the available DUI defenses without substantial trial experience. On top of this, finding insurance following a conviction will be difficult, and most of all, expensive. Administrative penalty system If you hold a valid licence or permit at the time of the offence and your alcohol level is below a certain limit, you will be issued with a fixed penalty notice. Through filing pre-trial motions in limine, and to suppress evidence, your DWI lawyer may be able to have the trial judge exclude all test results due to an implied consent error. Your lawyer can negotiate with the police prosecutor or officer in charge on your behalf. If you are to be tested on the official state BAC equipment, be certain that you inform the officers about any physical problems or environmental interferers which may have a bearing on your test results. A criminal defense attorney who has handled at least 25 trials will have likely handled hundreds of drunk driving cases, with many of the cases having the DUI reduced to reckless driving, or totally dismissed. Without seeking legal advice you could lose any chance you had of avoiding a conviction, keeping your licence, and avoiding a large fine. Use a hand-held breath alcohol testing device to see what your approximate blood alcohol content is before leaving for home. By proving that the defendant was not “in actual physical control” of the vehicle, the case can be won, since one of the elements of the driving while intoxicated offense is missing. Never admit to having consumed alcohol. The errors in the Police Facts may include ‘aggravating factors’ these are facts which make your offence worse than the typical or common PCA offences.