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Posted on in OWI

Defending yourself against a crime often involves a mix of simple, common-sense approaches combined with rock-solid criminal defense experience on the part of your defense attorney. For now, let's focus on the common-sense aspect of the drunk driving defense process by looking at the most important thing everyone knows about criminal defense in the United States: An accused person will remain innocent of the alleged crimes until -- and only if -- the prosecution proves that he or she is guilty beyond a reasonable doubt.

On a very "common sense" level, the notion of 'innocent until proven guilty' puts the burden of proof on the prosecution during your litigation process. If the prosecutions can't definitively and clearly prove that you were driving drunk, there's a good chance you'll receive a verdict of not guilty. And what does the prosecution need to prove you committed the crime? Irrefutable facts and evidence. This is why it's essential for those who have been wrongly accused of drunk driving to target the evidence in their defense process.

Evidence that might not be accurate for example is the result of your Breathalyzer test. It's well-known, for example, that a Breathalyzer test -- especially one used by police in the field -- may not yield accurate results, particularly if it's poorly calibrated, poorly maintained or not used properly. Also, police could fail to follow the required procedure while administering a Breathalyzer test, which would potentially render the results inaccurate and inadmissible in court. In addition to casting doubt on the accuracy of Breathalyzer test evidence, defendants might also seek to cast doubt on eyewitness testimony, the results of a field sobriety test, police accounts of the events before and during the arrest and other important facts.

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Having a criminal defense lawyer by your side during your drug crime proceedings is essential. However, for those who have never been through a criminal litigation process, they may not understand how much a lawyer can help. They might even make the mistake of trying to defend themselves pro se, i.e., navigate their legal proceedings without legal representation. When it comes to a drug-related trial, a pro se defendant might find him or herself unintentionally digging into a deeper and deeper hole.

If you're on the fence about hiring a lawyer in your case, you might want to consider some of the potential benefits of contracting a criminal defense attorney:

Reduction of criminal charges

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Posted on in OWI

Implied consent laws require all drivers to submit to chemical testing when police accuse them of driving while intoxicated. Of course, they still have the right to refuse such tests. However, as a result of implied consent laws, the driver will likely be immediately arrested on suspicion of DUI.

Implied consent laws function by assuming that when a driver gets a driver's license and enjoys the privilege of driving, they automatically consent to being tested for drugs or alcohol when police suspect them of driving while intoxicated. Such chemical tests could include urine, blood and breath tests.

When a driver refuses to take a chemical test, they will usually endure a mandatory driver's license suspension that could last up to a year. Interestingly, it's common for the license revocation to be longer after a driver refuses a test than if they take the test and fails. In some cases, a driver could even face harsher punishments if convicted of DUI after refusing to take a test.

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Whether a defendant was growing marijuana in the basement or maintaining a chemical lab to manufacture designer drugs, the charge of drug manufacturing relates to the creation of illicit drugs. Some of the most common drugs that people are accused of manufacturing are methamphetamine, marijuana and ecstasy.

The crime of drug manufacturing does not have to involve the complete manufacturing process. An individual could be involved in only one small part of the illicit drug creation process, and a court could still construe the action to be "drug manufacturing." For example, individuals who knowingly sell drug manufacturing equipment, precursor chemicals or only make an offer to manufacture and produce controlled substances could be convicted of this crime.

Usually, drug manufacturing is a felony-level offense, which means that those who are convicted could face high fines, prison time and probation. If the drug manufacturing activities happen close to a playground or school, these punishments could be more severe in certain cases.

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We all make mistakes, but not all of us make profound and positive contributions to our communities. But what happens if you make lots of big mistakes and lots of big contributions to the community? Perhaps, community leaders will come to your aid and support you by speaking in favor of your good name and past good works.

Normally, when someone gets arrested on a sixth offense DUI charge, the person is described by news media and public officials as if he or she were the dirge of the community. However, that's not what happened in the case of a 56-year-old bar owner who was arrested and later convicted of a sixth operating while intoxicated charge in August.

Officers said that they received reports of the drunk man trying to get into his truck at 11:30 p.m. on Aug. 11. When police arrived, they found him urinating on his feet and on the ground, and they told him not to drive. Next, police saw the man get in his truck and drive away, so they pulled him over and arrested him on intoxicated driving charges after he failed his Breathalyzer and field sobriety tests. He pleaded "no contest" in court and accepted the felony sixth OWI offense conviction.

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