The Dui Defense

The DUI Defense Can you represent yourself? What means DUI defense? What can a lawyer do for you. You can represent yourself — although it is not a good idea. “Drunk driving” is a very complex field with increasingly harsh consequences. There is a minefield of complicated procedural, evidentiary, constitutional, sentencing and administrative license issues.

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DUI Process Manual

This is the “horizontal gaze nystagmus” test, a relatively recent development in DUI investigation. The officer attempts to estimate the angle at which the eye begins to jerk; if this occurs sooner than 45 degrees, it theoretically indicates a blood-alcohol concentration over .05%. The smoothness of the eye’s tracking the penlight (or finger or pencil) is also a factor, as is the type of jerking when the eye is as far to the side as it can go.

The officer took your license and served you with a notice of suspension after the breath test: How can he do that if you are presumed innocent? Agreed, it is blatantly unfair. But the law in most states having a “per se” statute provides for immediate suspension and confiscation of the license if the breath test result is above the legal limit (or, in the case of a blood or urine test, if the officer reasonably believes the result will be above the limit). You should know all about DUI defense.

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