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.

Absolutely. It is increasingly common for judges to throw out breath test results if the attorney makes the right argument in front of a sympathetic judge.

You should know that if you fail to take a breathalyzer test after the police request one, Tennessee law mandates that your license will be suspended, regardless of whether you are ultimately found guilty of the DUI. If you have not been drinking, taking the test is often the easiest way to show the police that you are not intoxicated. However, machines are not foolproof, and a bad result on a breathalyzer test can sometimes make it very difficult to obtain a good result in court.

Answer: No, the breathalyzer reading is a piece of evidence that a judge or jury can consider at your trial. The judge will instruct the jury that any result on the breathalyzer is to be considered with all other evidence in the case.

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.

No. However, Connecticut has what is known as the Implied Consent law. This means that by driving a vehicle you are giving consent to be tested. If you refuse to be tested, strict penalties are automatically applied. Learn more about the consequences in our section discussing the law.

By law, you are required to submit to a breath test when requested by the police. However, refusal to take a preliminary breath test offered on the side of the road is a civil infraction punishable by a fine and no other penalties. Refusal to take the test at the station can result in a one year suspension of your driving privileges unless one of four rights are violated. Immediately contact an experienced DWI lawyer at Paul J. Tafelski, P.C.

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.

DUI charges do not necessarily lead to automatic convictions, as there may be weaknesses in the state's case against you. Potential DUI challenges may include challenging your initial arrest, your questioning, your blood alcohol test results, and the testimony of the arresting officer. And if you can not win the case, your DUI attorney may be able to plea bargain for a lesser charge or a less severe penalty.

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!

Every state has its own version of an implied consent law providing that a driver impliedly consents to alcohol testing just by the act of driving. In many states, a refusal to take a breath test is itself a criminal violation subject to stiff penalties. For example, refusing a breath test might result in automatic drivers-license suspension or revocation.

Answer: When this test is offered, you have already been placed under arrest for driving under the influence. You are going to be incarcerated and taken before a judge to have bond set. Your vehicle has already been towed. If you take the test all you are doing is providing additional information for the officer to prosecute you. Remember it is impossible to preserve the breath sample which the officer will later claim may prove your guilt.

YES. DUI CASES CAN BE WON!! In a DUI case there are two separate cases that arise: (1) the court case, where a person's liberty is at stake, and (2) the Florida Department of Highway Safety and Motor Vehicles (DHSMV) case. You can fight the DHSMV suspension, BUT YOU HAVE ONLY 10 DAYS!!! The way to fight this is by filing a PETITION FOR FORMAL REVIEW with the Department of Motor Vehicles. If retained, I will file all the necessary paperwork and attend the hearing on your behalf.

Yes. You may request a review of the driver’s license suspension by the department of motor vehicles within a specified number of days following your arrest. At a formal review, the hearing officer is authorized to administer oaths, examine witnesses and take testimony. If you request an informal review hearing, it shall consist solely of an examination by the department of the written materials submitted by the arresting officer, as well as anything you wish to submit.

Yes! If you believe that you were not under the influence to the extent that you were less safe to drive, or if you believe the test was inaccurate, there are numerous ways to win a DUI. Please see How to win a DUI case in Georgia

Yes. The Oakland, California Drunk Driving attorneys at Kapsack & Bair have an extensive track record of fighting and winning DUI cases. It is not only possible to get DUI charges reduced, but in some cases they are able to get them dismissed entirely. A number of DUI defenses have proven successful in prior cases including arguing constitutional violations and challenging blood alcohol concentration measurements.

There are about 60,000 DUI arrests in Georgia annually. Of course not all of these arrests are legitimate. The police are often overzealous and this sometimes results in a bad arrest. Since there are many legitimate defenses to this crime, a qualified DUI defense lawyer can often help you get your charges dismissed. If you feel that you were falsely accused by the police or just not treated fairly, then you should call my office immediately.

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 .