Factors that will affect the outcome of a DUI arrest.
- Prior arrests for DUI – no matter how old: Prior DUI arrests or convictions will have an effect on what the prosecutor will offer in a plea bargain and will result in the prosecutor seeking significantly greater penalties.
- Your driving: Were you stopped for going 5 mph over the speed limit or were you going the wrong way on a four lane highway and running cars off of the road?
- Appearance of intoxication: Do you appear drunk or sober on law enforcement body cameras?
- Blood Alcohol content: Was there a blood alcohol test (either by breath or blood test) and was the result high or low?
- Did you refuse to provide a breath or blood sample for testing?
- Were there any anomalies or errors in the case such as:
- Breath test machine errors.
- Improperly obtained blood and/or urine tests.
- Improper maintenance and/or calibration of the breath test machine.
- Lack of law enforcement certification or training to operate the breath test machine.
- Mishandled or lost evidence.
- Illegal search and/or seizure by law enforcement.
- Evidence to support a medical issue exists which causes the appearance of intoxication.