DUI / DWI Lawyers and Attorneys Adelanto CA
Adelanto California drunk driving arrest can have serious or even life-altering repercussions - if convicted, the accused driver faces a suspended license, a large fine, and even a jail sentence. Fortunately, a DUI / DWI arrest doesn't equal a sure-fire conviction. A skilled Adelanto California defense lawyer from 1800DUILaws.com has the knowledge needed to protect the driver's rights and minimize the negative consequences of a drinking and driving arrest.
Adelanto CA drunk driving cases are typically prosecuted with four types of evidence - chemical test results, driving patterns, field sobriety tests, and testimony about physical signs and symptoms of alcohol intoxication shown by the driver. A savvy defense lawyer can challenge every item of evidence and create reasonable doubt in the minds of jurors.
A chemical test of the accused driver's blood, breath or urine is typically a key piece of evidence in a prosecutor's Adelanto CA drunk driving case, but a blood alcohol content (BAC) of .08 percent or greater can be effectively disputed. A skilled defense attorney can examine every aspect of the accused driver's chemical test to determine the most effective challenge.
Chemical test challenges are often based on the simple concept of timing. Evidentiary blood, breath and urine tests are often given an hour or more after the driver was last behind the wheel, and his or her BAC may have risen considerably in that time. The human body continues to absorb alcohol after the last drink is taken, and so an individual's BAC continues to rise.
A skilled defense lawyer will use his or her extensive knowledge of rising BAC to argue that the driver's chemical test results were artificially inflated. The attorney can demonstrate that a driver who "failed" a blood, breath or urine test may have been well within the legal limit when behind the wheel.
A driver who refused to take a chemical test after a Adelanto CA DUI / DWI arrest may be subjected to additional penalties, both in court and at the department of motor vehicles. Motorists who refuse to take a chemical test after a drunk driving arrest are in violation of their state's implied consent laws. The repercussions may include longer driver's license suspensions and additional criminal penalties, and a refusal can be used as evidence of "consciousness of guilt" in many states.
The accused motorist's driving patterns will also be used as evidence in a DUI / DWI prosecution. The arresting officer will cite any behavior is linked to driving while intoxicated, such as weaving between lanes, braking abruptly, or driving too slowly.
But this evidence can be effectively rebutted during an aggressive cross-examination. A skilled defense attorney will establish that any driving patterns linked to DUI / DWI could have easily been prompted by causes unrelated to alcohol. For example, the driver might have reached for a dropped item and inadvertently swerved between lanes.
Field sobriety tests are another type of prosecution evidence used in Adelanto California driving while intoxicated cases, and can also be challenged during an effective cross-examination. Here's why field sobriety tests are open to challenge - alcohol intoxication causes both mental and physical impairment, but these tests rely heavily on physical ability. Therefore, the accused driver might "fail" a field sobriety test without ever displaying the mental impairment associated with alcohol intoxication.
Many conditions unrelated to alcohol intoxication can trigger physical impairment that might interfere with a driver's performance on a field sobriety test, such as illness, injury, or central nervous-system disorders. A knowledgeable Adelanto California drunk driving defense attorney will determine whether a condition unrelated to alcohol use caused the motorist to "fail" his or her field sobriety test.
Prosecutors in Adelanto CA driving while intoxicated cases also introduce evidence of any physical signs and symptoms of alcohol intoxication displayed by the driver. These so-called signs might include an odor of alcohol, red, watery eyes, and slurred speech. However, these symptoms could easily have been caused by illness, fatigue, or even allergies.
Remember, the stakes are extremely high in a Adelanto California drunk driving case, but it's possible to fight and win against a DUI / DWI charge. An attorney with extensive experience defending drinking and driving cases will aggressively attack the evidence and protect the accused driver's rights.
Obtaining expert legal representation can be challenging, so 1800DUILaws.com is here to help. 1800DUILaws.com is a national network of top defense lawyers who are skilled at ensuring that accused drunk drivers receive fair treatment in the criminal justice system.
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