A DUI Attorney in Davenport, IA offers you a criminal defense to fight your DUI charge in court. Through an evaluation of your case, your attorney will determine an effective course of action that will provide you with the opportunity to share your perspective. In some cases, it is probable that you were not intoxicated at the time of your arrest. It is up to your selected attorney to review your case and make this distinction.
Finding a DUI Charge
In most states, you are told that your driver’s license will be automatically suspended if you refuse to take a breathalyzer test. However, what they fail to tell you is that by law you do not have to submit to testing with speaking to your attorney first. You have the right to initiate you right to counsel at any time. In some instances, you may request to speak with your attorney before you are arrested.
If you refuse to take the breathalyzer test, yes, it is probable that the court will suspend your driver’s license. However, what you are not told is that your license is suspended only until your trial date and contingent upon the court proving that you were intoxicated at the time of your arrest. If the court cannot provide proof of your blood-alcohol content at your trial, they are unable to proof that you were definitely intoxicated.
They can utilize circumstantial evidence such as field sobriety tests that do not involve any form of biological testing. However, in most court settings, these tests are not admissible in court. If this is the case, then their evidence rests upon the shoulders of the arresting officer, and your case becomes his or her word against yours.
Summary
DUI charges present numerous probabilities. Depending on the number of previous convictions you have on your record it is possible that you may not have the opportunity to enter a treatment center and avoid a conviction. This option is typically available to first-time offenders. Your attorney will determine an effective course of action that will, however, provide you with other options to assist you in receiving help through the court if needed.