I’ve Been Charged With A DUI. Will I Lose My License?

When facing charges of intoxicated driving, it might seem like there is no hope for an effective defense. Perhaps the breath or blood test showed a blood alcohol content (BAC) higher than the legal limit or the arresting officer has clear evidence that you could not walk or speak properly from the roadside tests. These are strong evidentiary elements, and it makes sense that you would be concerned.

However, these cases are not as simple as they sometimes appear. There are numerous ways to challenge DUI/DWI charges. With decades of criminal defense experience, Matt Skinner knows how to fight these charges. He challenges every aspect of the case, including:

• The legality of the stop: This is the most important factor for challenging drunk-driving charges in South Dakota. There are strict regulations for when and how a police officer can make a stop for drunk driving. There has to be probable cause to believe that the person being arrested is in fact intoxicated. Probable cause can include speeding or other forms of reckless driving. Absent probable cause, the stop is illegal. A viable criminal charge cannot arise from an illegal stop. Therefore, if it can be shown that the stop lacked probable cause, it can result in dropped charges.
• The blood and breath tests: Although they seem very accurate and official, the methods of technology used by the police for breath and blood tests are not perfect. There are times when the machines malfunction, and there are numerous factors that can alter the results. For example, in some cases, a driver chewing gum shortly before taking the breath test could show up as having alcohol in the system even though the person wasn’t drinking at all. Matt Skinner will explore all the possible challenges to the breath and blood tests.
• The roadside sobriety tests: There are a few common roadside sobriety tests that the police have drivers perform to determine whether they are intoxicated. The walk and turn, touching your nose and the horizontal gaze nystagmus (following the officer’s finger back and forth with your eyes) are three of the most common roadside sobriety tests. The problem with these tests is that they are highly inaccurate.

With more than two decades of practicing criminal defense. Matt Skinner knows how to challenge these charges. If there is any problem, he can use that to reduce or eliminate the charges against you, weaken the prosecutor’s case and possibly get the charges thrown out.

It is important to trust in a lawyer who has experience handling these cases as well as the dedication needed to find the answers. An overworked public defender or an inexperienced lawyer will lack either the knowledge necessary or the time to uncover the problems in the prosecutor’s case. If there is any way to win your case, Matt Skinner will find it.