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Drunk Driving

Everyone is rightfully concerned about drunk driving, and we should be equally concerned that anyone accused of this crime receive a fair trial.

A conviction for DUI/DWI can result in a stiff fine, sharply higher insurance premiums and the loss of your driver's license. You may even go to jail.

However, it may be possible to obtain a dismissal of the charge, a reduction to a non-alcohol related driving offense, or at least mitigate the consequences of a conviction. Potentially successful defense strategies available to a DUI lawyer include:

  • Lack of probable cause to stop you
  • Improper administration of field sobriety tests
  • Inadmissible breath test results
  • Failure to read Miranda warning

The results of a breath test machine are only admissible if the machine has been properly calibrated and maintained, and if the operator is properly trained. A person can only be legally arrested for DWI if there is probable cause to make an arrest. A blood alcohol level over the legal limit at the time of breath testing at the police station may not reflect the blood alcohol level at the time of driving.

Sometimes impaired driving results in a fatality, which may lead to years in prison. If this issue relates to your case, please see our information on vehicular homicide.

A DWI attorney aggressively representing his client's interests should explore all of these issues. The integrity of our legal system depends upon defense attorneys requiring the prosecution to prove each element of its case beyond a reasonable doubt. Kootenai County attorney James Bendell has conduced DWI trials as a prosecutor and as a defense attorney. He will put that experience to work for you if you are charged with the crime of driving under the influence.

If you have been charged with drunk driving in Coeur d'Alene or northern Idaho, call James Bendell at 208-228-0191 or send a quick response email for a free consultation.

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