California DUI / DWI arrest can turn a driver's world upside-down. Suddenly the driver is forced to face a host of unfamiliar experiences, from jail to arraignment. And the consequences of a drunk driving conviction become harsher all the time. But drinking and driving charges can be successfully challenged with expert legal representation. This site contains helpful articles designed to show drivers what's involved in a driving under the influence case, and provide contacts for local attorneys who concentrate on DUI / DWI defense.
The California criminal codes that cover drunk driving are extraordinarily complicated, and the court system can contain minefields for accused DUI / DWI drivers and inexperienced attorneys. It's imperative to understand how the system works so that the driver can put the unfortunate chapter in the past and keep negative consequences to a minimum. A skilled California criminal defense attorney will manage every aspect of a drunk driving case, from bail to trial.
In most states, a drunk driving arrest generates two different criminal charges. The first is driving under the influence, which means police allege that the driver was too mentally or physically impaired to operate a motor vehicle with the same caution as a sober person. The second charge is violating California's "per se" charge, which is another way of saying that the driver's blood alcohol content (BAC) is alleged to be .08 percent or greater - now the legal limit in all 50 states. Some states charge drivers with both offenses separately, and some combine it into a single offense, but in some states the prosecutor must prove only one element in order to get a conviction.
California prosecutors consider chemical tests to be powerful evidence of guilt in both offenses. The reason why chemical test results are used to prove violation of the per se law is obvious, but BAC evidence is also used to show that the driver must have been too intoxicated to drive. Prosecutors can make this allegation because many experts believe that any motorist who exceeds a certain alcohol level is too drunk to drive.
However, chemical tests and BAC evidence can be successfully challenged. An experienced DUI / DWI defense attorney will question whether the test was conducted properly, and whether it gave an accurate representation of the driver's BAC while behind the wheel. Blood alcohol levels continue to rise long after a driver stops drinking. Most chemical tests are administered hours after the motorist was driving, and it's not against the law to be over the legal limit at the police station.
Police in California also typically administer field sobriety tests to suspected drunk drivers before taking them into custody. Many drivers mistakenly assume that a stellar performance on a field sobriety test will help them avoid arrest, but that's unfortunately not the case. Field sobriety tests are designed to be failed, and serve only to establish probable cause for an arrest and additional evidence for a DUI / DWI prosecution.
But like chemical test results, field sobriety tests can be challenged by an aggressive attorney. There are many reasons other than alcohol intoxication that would cause a driver to perform poorly on one of these tests, including illness, injury, or fatigue. A skilled attorney will determine whether something other than alcohol caused a driver to "fail" the test, and use that information to dismantle the prosecutor's case.
Driving patterns including driving too slowly, weaving between lanes, or rapid braking are also used as evidence in a California DUI / DWI case. Interestingly, speeding is one of the most common reasons police stop drivers, but it isn't recognized as a drunk driving pattern by the National Highway Traffic Safety Administration. An experienced criminal defense attorney may have any evidence gathered during an improper traffic stop suppressed in court.
Police also testify about physical signs and symptoms of intoxication in a California DUI / DWI prosecution. However, many of these signs, such as watery red eyes and slurred speech, can be attributed to causes other than alcohol intoxication. A skilled drunk driving defense attorney will argue that allergies, fatigue, illness, or another factor were mistaken for intoxication.
A drunk driving arrest creates problems for accused drivers at the Department of Motor Vehicles as well as in court. Many states have a DMV administrative system that allows a driver's license to be suspended even without a court conviction. The driver must typically request a hearing within days of arrest in order to even have a chance of retaining his or her license. Just as in criminal court, a skilled DUI / DWI defense attorney can launch an aggressive defense at the Department of Motor Vehicles that gives a motorist accused of drinking and driving the best possible chance of retaining his or her license.
A California driver who refuses a chemical test will face additional difficulties both in court and at the DMV. Prosecutors in both cases rely heavily on BAC evidence, so the penalties of refusing the test can be severe. However, there are actually two kinds of refusals - express refusals, where the driver actually says no, and implied refusals, where police assume the driver wouldn't submit to the test. Implied refusals can sometimes be excused if a skilled attorney explains the circumstances.
DUI / DWI laws in California are stricter than ever, and motorists convicted of drunk driving face harsh punishment. The consequences of drinking and driving are severe, so it's imperative to aggressively defend the charges. A skilled drunk driving attorney who understands California DUI / DWI laws will use a proven defense strategy to fight for the driver's rights and keep repercussions to a minimum.
A driving under the influence arrest can be frightening and confusing, and it helps to have an experienced lawyer at the driver's side. A skilled attorney will address every aspect of a DUI / DWI arrest, from bail to court appearances.
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