How Well Do You Know Criminal Law?How Well Do You Know Criminal Law?

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How Well Do You Know Criminal Law?

Sure, you know what's illegal and what's not. You know how to avoid breaking the law. But do you know the technicalities that can get your case dismissed in court? Do you know what kind of evidence is allowed in your defense and what isn't? Do you know how to effectively cross-examine a witness? If the answer to these questions is no, then you shouldn't be considering defending yourself in court. When a criminal case gets to court, innocence doesn't matter as much as experience with criminal law does. You need an experienced lawyer to help you defend yourself. In this blog, I'll share experiences that can help you understand what is going to happen in court and how to assist in your own defense. But the most important piece of advice I can give you is this: don't go to court without a lawyer.

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How To Win Your OVI Case After A Positive Urine Drug Test

In states that have OVI laws, it is illegal to operate a motor vehicle when the percentage of a prohibited substance surpasses the legal limit. When you are pulled over by a police officer under suspicion that you are under the influence of an illegal substance, you might be required to submit to one of several tests, including a urine test.

Administering a Urine Test

When your urine test is administered, it is collected in a glass container. This sample is then taken to be tested using various scientific techniques that can be used to detect the presence of illicit substances.

The Problem with a Urine Test

The primary concern for the arresting officer is whether the consumption of drugs has affected your ability to operate the vehicle safely. However, with urine tests, what is often detected is an inactive metabolite in the body and not an active substance that could actually affect your ability to drive. 

Some drugs can remain in your body for a very long time. Therefore, urine tests are sometimes considered to not be accurate enough compared with blood tests, and many states do not use urine tests anymore. 

When the Urine Test Is Admissible

In some states, a urine test is admissible as long as it has been obtained within hours of your arrest. The urine test must be stored and tested properly for the results to be valid. If your OVI attorney is able to prove that the urine test was not handled in a manner that is in compliance with regulations, you will be able to have the results of the urine test suppressed. 

Effective Legal Strategies

If the prosecutor is not able to use the results of the urine test, they might not be able to convince a jury that you were under the influence of drugs at the time of the accident, and you may be more likely to win your case.

Even if you are not able to successfully file a motion to suppress the results of the urine test, your OVI defense attorney might be able to convince the jury that the urine test is not an accurate reflection of your ability to operate your vehicle. 

Beat Your OVI Charges

Winning your OVI case is essential because doing so will allow you to avoid heavy criminal penalties such as years in prison and the suspension of your license. Your freedom is worth the cost of an OVI attorney.

Contact an OVI defense attorney for more information.