DUI / DWI Attorneys Bellflower California
The penalties for drunk driving are growing more severe with every passing year - a Bellflower California driver convicted of DUI / DWI can be hit with a lengthy license suspension, large fines, and even time in jail. However, getting arrested for driving while intoxicated doesn't mean the driver will be convicted. A knowledgeable Bellflower CA defense attorney from 1800DUILaws.com has the skills and experience required to minimize or even eliminate the negative consequences of a drinking and driving arrest.
Bellflower California drunk driving cases are typically prosecuted with four main types of evidence - chemical test results, driving patterns, field sobriety tests, and evidence of any physical signs and symptoms of alcohol intoxication shown by the driver. Fortunately, all of this evidence can be aggressively challenged. A skilled defense lawyer will thoroughly review all of this evidence in order to devise the most effective defense strategy.
Chemical tests of the accused driver's blood, breath or urine are one type of evidence presented in a Bellflower CA drunk driving case. But even chemical tests that show a blood alcohol content (BAC) of .08 percent or greater can be effectively rebutted. A skilled defense attorney will evaluate the accused motorist's chemical test results from every angle to devise the most effective challenge.
Challenges to chemical test results are often based on the simple concept of timing. Evidentiary blood, breath and urine tests are often administered long after the motorist was actually driving, and his or her BAC likely increased considerably in that time. The body continues to absorb alcohol after the last drink is taken, so the driver's BAC continues to rise. A knowledgeable defense lawyer will explain the concept of rising BAC to jurors and outline how the driver's blood alcohol content reading was likely inflated.
Refusing a chemical test after being arrested for drunk driving carries serious consequences both in court and at the DMV. Drivers who balked at a chemical test after a lawful DUI / DWI arrest did so in violation their state's implied consent laws. The repercussions of a chemical test refusal might include a longer license suspension and additional criminal penalties. Refusals are also considered evidence of "consciousness of guilt" in many states.
The arresting officer also will be asked to testify about the accused motorist's driving patterns prior to arrest. The officer may describe behavior such as weaving between lanes, braking abruptly, or driving too slowly. However, the officer's testimony about the accused motorist's driving patterns can be effectively challenged during an aggressive cross-examination. An experienced defense lawyer can establish that driving patterns supposedly indicative of DUI / DWI could have caused by circumstances 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 Bellflower California DUI / DWI cases. Effective challenges to this evidence are typically based on a common premise - alcohol intoxication causes both mental and physical impairment. Field sobriety tests are inherently unfair, because they require a great deal of physical agility. Therefore, an accused driver might fail a field sobriety test even though the mental impairment associated with alcohol intoxication wasn't present.
The kind of physical impairment that might interfere with a driver's performance on a field sobriety test can stem from many sources, including injury, illness, or central nervous-system disorders. A drunk driving defense lawyer can establish whether conditions unrelated to alcohol intoxication prompted the motorist to "fail" his or her field sobriety test.
Prosecutors also introduce evidence of any physical signs and symptoms of alcohol intoxication displayed by the accused driver. These so-called signs of intoxication, which include red, watery eyes and slurred speech, could easily have been caused by something as simple as fatigue, illness, or even allergies.
Ultimately, although the evidence in a Bellflower California drunk driving case may seem compelling, it's possible to fight and win against a DUI / DWI charge with the help of an expert defense lawyer. An attorney with extensive experience in drunk driving defense will aggressively attack the evidence and protect the accused motorist's rights.
However, locating an aggressive, knowledgeable attorney can be a challenge. 1800DUILaws.com is here to help. 1800DUILaws.com is a group of top defense lawyers devoted to minimizing or even eliminating the consequences of a drunk driving arrest. A top local Bellflower CA attorney can provide a free consultation and outline a proven defense strategy designed to create reasonable doubt in the minds of jurors.
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