The Government is preparing its case against you now. That means the best time to call your DUI attorney is Right Now. Help us help you!
DUI is among the most complicated areas of Criminal Defense. Nathan Dougherty has been trained to administer the NHTSA SFST tests; the same training given to law enforcement officers. Nathan’s NHTSA trainer is an X-DUI Task Force Officer who trains law enforcement officers in NHTSA SFST and ARIDE certifications. Nathan Dougherty has received the exact same training that Law Enforcement Officers receive.
Before we even look at the probable cause for DUI, we first need to see if the stop itself was valid. If the stop is not valid your case could be kicked out with the right motion to suppress. Perhaps a motion to dismiss is available when the evidence fails to address one of the elements of DUI.
There are a lot of moving parts from the DUI breath machine and its various components, to the inspection of the DUI machine, training and experience of the breath test operator, calibration methods, integrity of the calibration fluids, programming, and the upkeep of these machines that are using 20, 30, and even 40-year-old technology. The DUI machine is used to measure Blood Alcohol Content, but they use your breath. Just the fact that the government uses a breath machine to measure something that is in the blood should scare you. The breath measurement is based on the average sized person who has average sized lungs and those lungs have average capacity. Since no one is exactly average in every way, you need a DUI attorney, like Nathan Dougherty, knowledgeable enough to attack every area of the DUI breath machine.
Then we have Law Enforcement Officers trained and certified by NHTSA to perform the SFST (roadside gymnastics test), and the NHTSA ARIDE advanced certification. In order for these tests to be somewhat accurate they must be performed exactly as taught; any deviation makes them inaccurate according the NHTSA training guide. We even have Law Enforcement Officers who have no advanced training in DUI at all, the only training they received was one or two days at the academy.
The conditions at the time of the DUI are vast, such as the time of day, the temperature, wind, rain, bright sun, complete darkness, flashing lights, traffic whizzing by while you are standing on the side of the road, and the conditions of the road itself. Was the road flat, pitched, bumpy, clean, was there any debris on the road?
Was there body cam or dash cam? Or was the arresting agency one of the fraudulent agencies that refuse to use body cam or dash cam, so they can make up anything they want in court?
DUI and your CDL
If you have a CDL and get a dui, you will lose your right to work and support your family for at least 1 year.
If you refuse to blow, your CDL will also be suspended for at least 1 year.
2nd DUI is a lifetime CDL revocation.
Approximate Costs of a DUI
Impound Fees – minimum 10 day impound
Review hearing fees
Missed work from many court appearances
Loss of job and job opportunities
Business Purpose License $500
Fines from $500 – $4000 or more if a felony
Court costs $500
Your Insurance will at least double for the next 3 years.
DUI Classes $500 – $1000
Court Ordered Therapy – $250 and up
Interlock device $2500
Max jail time 6months county jail to 5 years state prison