DUI / DWI Defense Lawyers and Attorneys Bieber California
Bieber CA drunk driving arrest is no laughing matter - if convicted, the driver faces a large fine, a suspended driver's license, and even jail time However, a drunk driving arrest doesn't equal a conviction - far from it. An experienced DUI / DWI defense lawyer will mount an aggressive defense to any drinking and driving charge and fight for the driver's rights.
Although every driving under the influence case is different, the evidence used to try to convict the driver is the same. Prosecutors in Bieber California drunk driving cases will introduce evidence of the accused motorist's chemical test results, driving patterns, field sobriety tests, and physical appearance. However, all of this evidence can be skillfully challenged by a knowledgeable defense lawyer.
Chemical tests of the driver's blood, breath or urine are often the focal piece of evidence in a Bieber California drunk driving case. But chemical tests that indicate a blood alcohol contrent (BAC) of .08 percent or greater or the presence of drugs can be effectively rebutted. A skilled defense attorney will examine how a chemical test sample was collected and analyzed to establish the most effective plan of attack.
The timing of a chemical test is often crucial to a successful challenge. Chemical tests are often administered an hour or more after the driver was last behind the wheel, and a driver's BAC can fluctuate a great deal in a relatively short period of time. Therefore, a motorist who was over the legal limit an hour or more after driving could easily have been below the legal limit while behind the wheel. An experienced Bieber CA defense lawyer can demonstrate how a driver whose chemical test exceeded the legal limit of .08 percent BAC could have in fact been below the limit while driving.
The motorist's driving patterns will likely be another key piece of evidence in a Bieber CA DUI / DWI case. The arresting officer will testify about any behavior displayed by the motorist that is associated with drinking and driving, such as swerving between lanes, driving too slowly, or braking suddenly.
However, there are many reasons why a motorist might display behavior indicative of drunk driving that are unrelated to intoxication - the driver may have been doing something as simple picking up a dropped item from the floor of the vehicle when the officer observed the behavior.
Speeding - one of the most common reasons why police stop suspected DUI / DWI drivers- isn't even recognized as a drunk driving pattern by the National Highway Traffic Safety Administration (NHTSA). If the arresting officer cites speeding as the reason he or she pulled the accused drunk driver over, the arrest may not have been valid because it lacked probable cause.
Field sobriety tests are another type of evidence used in Bieber California drinking and driving prosecutions. Many drivers believe that they can "pass" the test and avoid arrest, but that's almost never the case. Field sobriety tests exist almost exclusively to establish probable cause to make an arrest and create evidence for a drunk driving court case.
However, there are many effective challenges to field sobriety tests. Here's why - experts agree that alcohol causes both mental and physical impairment, but field sobriety tests rely heavily on physical agility. Therefore, a driver experiencing physical difficulties can "fail" a field sobriety test without demonstrating the mental impairment associated with intoxication.
Many issues unrelated to alcohol intoxication can cause physical problems that might interfere with field sobriety test performance, including injury, illness, or even fatigue. A skilled Bieber California DUI / DWI defense attorney can determine whether issues unrelated to alcohol use made it impossible for the driver to "pass" a field sobriety test.
The arresting officer will also be asked to testify about any physical signs and symptoms of inebriation displayed by the driver. The officer might testify that the driver had slurred speech, red, watery eyes, or an odor of alcohol. However, an experienced Bieber CA DUI / DWI defense lawyer can prove that these so-called signs of intoxication could have been caused by allergies, illness, fatigue, or any number of other issues.
Refusing a chemical test after a lawful Bieber California drinking and driving arrest can create additional problems for the driver, both in court and at the DMV. Drivers operate motor vehicles in every state drive under something known as an implied consent law. Implied consent means that the driver has agreed to submit to a chemical test after a drunk driving arrest. Any motorist who refuses to submit to a chemical test after a lawful arrest may face additional criminal penalties, a longer license suspension, and in some states a refusal can be used as evidence of "consciousness of guilt."
Even with all the evidence brought in a DUI / DWI case, the driver's best bet is to fight the charges. Facing a jury in a Bieber CA drinking and driving case may seem daunting, but it's important to note that drunk driving charges can be fought and won. A knowledgeable defense attorney will develop effective challenges to the evidence in a driving under the influence case, from chemical tests to field sobriety tests.
However, finding the right defense attorney can be a challenge for drivers accused of DUI / DWI. 1800DUILaws.com can help. 1800DUILaws.com is a national network of skilled defense lawyers who focus on protecting the rights of accused drunk drivers. An experienced Bieber California defense attorney will develop an effective defense strategy designed to minimize or even eliminate the negative consequences of a driving while intoxicated arrest.
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