Monday, August 15, 2011

Boise Criminal Lawyers- DUI Attorneys- Reducing DUI to Reckless or Inattentive Driving

Boise Idaho Criminal Defense Attorneys - Kershisnik Law- Free Consultation, call (208) 472-2383 today.  Boise Criminal Lawyers providing experienced and affordable legal representation for all criminal matters in Idaho including DUI and DWP.  Call now.

People often ask me and other Boise Criminal Attorneys if they will be convicted if they have been charged with a DUI.  There are defenses to a DUI and it is possible to have a DUI reduced to reckless or inattentive driving.  If the facts are not there, the prosecuting attorney cannot make their case.  Examples of lacking facts or evidence can be  a "positive" field sobriety test, without corroborating  BAC results, admission of drug consumption without a positive drug test or a failed field sobriety test in conjunction with a lack of calibration record on a breathalyzer machine.

These are just examples of possible defenses to DUI.  The reason that I and other criminal defense lawyers say that these are ground for a reduction in charges, rather than a complete elimination of charges, is because there is evidence of poor driving.  When the police witness "poor" driving they have probable cause to pull you over.  Driving is a privilege so if you are driving poorly you can be charged with a crime.  If your poor driving is coupled with the consumption of drugs or alcohol, then you will be charged with a DUI.  If the police erroneously interpret the evidence, they will charge you with a DUI but you may have the charge reduced to a lessor crime like reckless or inattentive driving.

If you have been charged with a DUI or any other crime in Idaho and need to speak to a Boise Criminal Attorney, please call (208) 472-2383 for your free consultation now.  Let us help you.

3 comments:

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  3. People often ask me and other Boise Criminal Attorneys if they will be convicted if they have been charged with a DUI. There are defenses to a DUI and it is possible to have a DUI reduced to reckless or inattentive driving. free background check florida

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