Absolutely! However, not every attorney that is listed in the phone book under the DUI / OVI listing is competent to fight these cases. As a matter of fact, many of the attorneys that list DUI / OVI cases in their Yellow Pages advertisement have never done a DUI / OVI / Drunk Driving trial.

There is always hope if your DUI lawyer is not scared of those numbers and knows all the ways those numbers can be wrong. The DWI DUI breath test used by police in Texas does not measure alcohol specifically, and can make many types of errors. Jim Medley is an expert in DUI DWI breath testing and knows how to examine the breath testing records to identify whether the machine that produced it was working improperly or if there are other reasons to believe the number it printed out was inaccurate.

You cannot be physically forced to take the breath test. The law in Texas provides that if you refuse to give a specimen, your license may be suspended for at least 180 days, even if you beat your Houston DUI DWI case. The refusal may also be admitted as circumstantial evidence that you were intoxicated. A skilled Houston DUI lawyer can also show how the refusal is evidence of sobriety!

The DWI breath test machine doesn't necessarily make many "mechanical" mistakes per se. The machine is just programmed to make dozens of assumptions that do not necessarily apply to any individual being tested. These assumptions include: ANY INACCURATE ASSUMPTION IS MULTIPLIED BY A FACTOR OF ABOUT 2,593. (The machine measures an assumed .

Yes, we can although the case may be more difficult. The Massachusetts Supreme Judicial court recently ruled that breath test evidence does not require expert testimony to establish the validity of the testing, which was a disappointing ruling. However, there are still options that are available, not the least of which is giving the prosecution every opportunity to screw up their evidentiary procedures so the breathalyzer evidence will be excluded.

Your license is not suspended yet, and will not "automatically" be suspended. An experienced Houston DWI lawyer can often prevent the license suspension from ever occurring. Generally the police will confiscate your physical license when you are arrested for DWI DUI and give you a piece of paper labeled "NOTICE OF SUSPENSION - TEMPORARY DRIVING PERMIT" This is legally your license until one of two things happen.: 1.

That's the trick! It doesn't! The breath test machine does nothing more than measure the absorption of infrared (IR) light at one wavelength. The wavelength of IR light that is measured are known to be wavelengths absorbed by the excitation of single hydrogen-carbon chemical bonds. Any single hydrogen-carbon bond will absorb IR light at those same wavelengths. There are hundreds of chemicals that have those chemical bonds other than alcohol, but the machine will assume they are alcohol.

Same as above, but the suspension will generally only be 90 days if it is suspended. Suspension periods increase significantly if you have any prior DWI DUI arrests or convictions. Jim Medley is a skilled Houston DUI lawyer who can help you save your license.

Absolutely! The law presumes that, if you operate a vehicle and are found to be at or over the "legal limit," you are guilty of OVI. However, Ohio law allows you to argue against this presumption of guilt, within limits, in court. If it is proven that the alcohol level in your system is at or over the legal limit, you can be convicted of OVI even if you show no other signs of being under the influence.

DUI testing measures chemicals which are found in exceedingly small quantities in the human body. So small in fact, that the slightest error could be cause enough to have the case thrown out. The Colorado police are required to follow written regulations when processing either breath or blood tests. If you can show that the police utilized careless procedures which violated the regulations, you may be able to save your license or obtain a plea bargain.

Yes, you may be charged in the same manner as someone whose alcohol content is below the legal limit. The prosecutor would need only to prove the motorist was under the influence of alcohol by using other evidence such as divided-attention exercises, smell of alcohol on the motorist, etc. Also the refusal to take a chemical test for alcohol is always admissible in court.

Different people use different terms: O.V.I., D.U.I., O.M.V.I., and D.W.I., but in Ohio they all mean the same thing (Operating a Vehicle under the Influence of drugs or alcohol), and the correct term is O.V.I.

The basic premise of DUI law is that it is illegal to “drive a motor vehicle while affected to an appreciable degree by alcohol and/or drugs.” However, if your breath test reading reached 0.08, you are legally presumed to be affected by the alcohol you consumed. Likewise, if you refuse to submit to a breath or blood test, you can still be convicted of DUI if the prosecution can establish that you were “affected to an appreciable degree” by the alcohol/drugs consumed.

In Arizona you will be subject to a one year license suspension if you refuse to voluntarily give a sample. It is also possible for the police to obtain a search warrant to take your blood without your consent.

There are a lot of factors to weigh. Consult with your attorney to consider the pros and cons and how they apply to your situation, and read up on the details of a Massachusetts OUI plea agreement, as well as what happens if you fight the case.

Yes. You may request a review of the drivers license suspension by the department of motor vehicles within seven days following your arrest. If challenging the alcohol content, the hearing officer will look to see if the officer had reason to stop you and whether there is a blood or breath test result greater than .10.

The acronyms DUI, DWI, OMVI and OVI all refer to the same thing: operating a vehicle under the influence of alcohol or drugs. The most commonly used terms are DUI, an acronym for Driving Under the Influence, and DWI, an acronym for Driving While Impaired. However, Ohio law no longer uses the DUI and DWI acronyms because, in 1982, Ohio enacted a law that refers to driving under the influence of alcohol or drugs as "OMVI," an acronym for Operating a Motor Vehicle Impaired.

If you are convicted of O.V.I., the possible penalties include jail time, a fine, a driver's license suspension, seizure/immobilization/forfeiture of your vehicle and impoundment of your plates, as well as six points on your driver's license. You will also be required to pay a license reinstatement fee and maintain proof of insurance with the Bureau Of Motor Vehicles, which will likely result in obtaining high-risk insurance.

Bad breath is a dreadful condition that can cause embarrassment making us very self-conscious. This can create social and psychological barriers which affect our relationships and even our marriages. Some people suffering from bad breath are unfortunately not aware of this problem. And some who are aware rely on items such as mints and mouthwashes that only assist temporarily. Bad breath can often be improved with proper oral hygiene.