Being arrested and charged with Driving Under the Influence of alcohol or drugs (DUI) is stressful. The fact of the arrest alone may damage your reputation and put your job in jeopardy. If you are a divorced or divorcing parent, child custody and visitation may become issues. You may feel there is no hope, but attorney John S. Mohun in Truckee, California, recognizes that not everyone charged is guilty, there are defenses to the charge and even good people make mistakes that should not cause permanent blemishes to their lives.
The Law Offices John S. Mohun Defends Against DUI Allegations
John S. Mohun has 13 years of experience defending clients against DUI charges. Unfortunately, many drivers who are stopped are unaware that when law enforcement asks, “Have you been drinking tonight?” the driver has a constitutional right under the Fifth Amendment not to answer the question. Drivers also have the right not to participate in field sobriety tests and have the right to have an attorney present for any questioning.
There is not a right to refuse chemical testing. When you obtained a driver’s license, you impliedly consented to blood alcohol concentration (BAC) testing when stopped for suspicion of drunk driving. If you refuse testing, your license will automatically be suspended. The test must be taken at the time of your arrest and law enforcement should give you the choice between a breath or blood test. If neither test is available, your urine will be tested. There are challenges that can be made to the tests if the results are positive. The most common challenges are to the breath test.
Potential Challenges to a Positive Breathalyzer Test
A Breathalyzer is a machine that you blow in to that tests your BAC. There are protocol that must be followed in order for the test to be valid. For example, law enforcement must keep logs verifying the Breathalyzer has been calibrated and maintained according to a schedule. If the logs do not exist, or show that the requirements were not met, the test is invalid.
Other challenges may include:
- The law enforcement officer who administered the test was not properly trained or certified.
- Certain medical conditions resulted in a false positive such as hypoglycemia or a high protein, low carbohydrate diet.
- You may have just used breath spray that contained alcohol.
At the Law Offices of John S. Mohun, we treat you with respect and strive to protect you from unwarranted prosecution and consequences. Call us as soon as possible.