DUI & DWI Defense

Aggressive Advocacy Against Impaired Driving Charges

A charge of driving under the influence (DUI) or driving while intoxicated (DWI) can be one of the most frightening and impactful experiences of your life. The moment you are stopped for suspected impaired driving, the clock starts ticking, and every decision you make carries significant weight, potentially threatening your driving privileges, your financial stability, and even your freedom. As an experienced DUI Attorney and DWI Attorney, I, Duane R Johnson, understand the immediate fear, confusion, and uncertainty that comes with such an accusation. My firm is dedicated to providing an aggressive, strategic defense for individuals facing these charges, tirelessly working to protect your rights, challenge the prosecution’s evidence, and minimize the potentially devastating consequences on your life and future.

The penalties for a DWI/DUI conviction are severe and far-reaching, extending far beyond initial fines and potential jail time. You could face immediate suspension or revocation of your driver’s license, mandatory installation of an ignition interlock device (IID) in your vehicle, significantly increased auto insurance premiums, mandatory substance abuse counseling, and a permanent criminal record. For repeat offenders, these penalties escalate dramatically, including longer jail or prison sentences and more extended license suspensions. Beyond these immediate legal ramifications, a DUI/DWI conviction can also impact your employment, educational opportunities, professional licenses, and personal reputation, casting a long shadow over your future.

Many people mistakenly believe that if they failed a field sobriety test or a breathalyzer, a conviction is inevitable. This is often not the case. There are numerous legal and technical defenses available, and as your dedicated DUI Attorney, I am adept at uncovering them and building a robust defense strategy. My defense begins with a meticulous examination of every detail surrounding your arrest:

• Legality of the Traffic Stop: I scrutinize whether law enforcement had reasonable suspicion or probable cause to pull you over in the first place. If the stop was unlawful, any subsequent evidence gathered, including test results and your statements, may be deemed inadmissible in court, potentially leading to a dismissal of charges.
• Field Sobriety Tests (FSTs): These roadside tests (like the Horizontal Gaze Nystagmus, Walk-and-Turn, and One-Leg Stand) are highly subjective and prone to error. I investigate whether the tests were administered according to standardized protocols, if environmental factors (weather, road conditions, lighting) impacted your performance, and if any physical or medical conditions (injuries, inner ear issues, medications) could have led to a “failed” test.
• Breathalyzer and Blood Test Accuracy: The accuracy of chemical tests (breathalyzer, blood, urine) is a critical area of focus. I investigate whether the testing equipment was properly calibrated and maintained, if the operator was certified and followed correct procedures, and if the chain of custody for blood samples was properly maintained. I also assess whether medical conditions (e.g., GERD, diabetes, dental work) or other factors (e.g., certain medications, recent use of mouthwash) could have influenced breathalyzer readings.
• Police Procedures and Constitutional Rights: I review whether police violated your constitutional rights, such as your right to remain silent, your right to counsel, or your right against unlawful search and seizure. Any such violations can be grounds for challenging the prosecution’s evidence.
• Expert Witness Testimony: In complex cases, I may consult with or call upon expert witnesses, such as forensic toxicologists or accident reconstructionists, to challenge the prosecution’s scientific evidence or provide alternative explanations for your condition.

Beyond challenging the evidence, my role as your DWI Attorney involves exploring every available defense strategy. This could include demonstrating that your physical symptoms were due to fatigue or medical conditions rather than impairment, proving that you were not actually “operating” the vehicle while intoxicated, or arguing for a reduction of charges. I also assess whether there are opportunities for diversion programs or alternative sentencing options that could protect your record.

Navigating the criminal justice system and the administrative processes related to your driver’s license (often handled separately by the Department of Motor Vehicles) can be incredibly intimidating. I, Duane R Johnson, provide clear, straightforward communication, explaining each step of the process, your legal options, and the potential outcomes. I handle all interactions with prosecutors, law enforcement, and the DMV, vigorously representing your interests at administrative license hearings to help you retain your driving privileges for as long as possible. My commitment is to provide a robust and personalized defense, ensuring that your voice is heard and your rights are protected throughout your DUI/DWI case. When your freedom, livelihood, and future are on the line, you need a powerful advocate who will fight tirelessly for you. The Law Office of Duane R Johnson is here to provide that unwavering defense.