DUI / DWI Lawyers Cotati CA

Getting arrested for drunk driving is no joke - a Cotati CA driver convicted of DUI / DWI faces a license suspension, large fines, and sometimes even a jail sentence. However, contrary to popular opinion, an arrest doesn't equal an automatic conviction - not even close. A skilled Cotati California defense lawyer from 1800DUILaws.com has the knowledge and experience needed to keep the negative consequences of a drinking and driving arrest to a minimum.

Four main types of evidence are used in Cotati CA drunk driving prosecutions - chemical test results, driving patterns, field sobriety tests, and testimony about any physical signs and symptoms of alcohol intoxication. Luckily, every item of evidence in a DUI / DWI case is open to challenge. An expert defense lawyer will painstakingly review all of this evidence and devise the most effective defense strategy.

Prosecutors usually use chemical tests of the accused driver's blood, breath or urine as a central piece of evidence in a Cotati California drunk driving case. However, even chemical tests that show a blood alcohol content (BAC) of .08 percent or more are open to challenge. A knowledgeable criminal defense attorney will thoroughly evaluate the accused motorist's chemical test results to determine the appropriate challenge.

Successful chemical test challenges often hinge on the simple premise of timing. 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 increased considerably in that time. The body continues to absorb alcohol long after the last drink is taken, and the driver's BAC subsequently continues to rise. Skilled defense lawyers outline the concept of rising BAC to jurors, and explain how the driver's blood alcohol content reading was likely inflated.

Chemical test refusals present additional complications, both in court and at the DMV. Drivers who refuse to submit to a chemical test after a lawful DUI / DWI arrest violate their state's implied consent laws. The consequences of a chemical test refusal may include longer license suspensions, additional criminal penalties, and the possibility that the refusal can be considered evidence of "consciousness of guilt" at trial.

The accused motorist's driving patterns prior to arrest will also be used as evidence in a Cotati CA driving under the influence prosecution. The arresting officer likely will testify about behavior such as braking abruptly, weaving between lanes, or driving too slowly.

However, the arresting officer's testimony about the accused motorist's driving patterns can be rebutted during aggressive cross-examination. A savvy defense attorney will establish that driving patterns supposedly indicative of DUI / DWI could have stemmed from circumstances unrelated to alcohol use. For example, the driver might have reached to the floor to pick up a dropped item and inadvertently changed lanes.

Field sobriety tests are yet another category of prosecution evidence in Cotati California DUI / DWI cases. A common premise guides challenges to field sobriety tests - alcohol intoxication causes both mental and physical impairment, and field sobriety tests are inherently unfair because they rely heavily on physical agility. Hence, the accused driver may have failed his or her field sobriety test even though the mental impairment associated with alcohol intoxication wasn't present.

Physical impairment that impacts field sobriety test performance can be caused by many conditions unrelated to alcohol use, such as injury, illness, or central nervous-system disorders. An experienced Cotati CA drunk driving defense lawyer can establish whether conditions unrelated to alcohol intoxication prompted the motorist to "fail" his or her field sobriety test.

Physical signs and symptoms of alcohol intoxication displayed by the accused driver are also used as evidence in driving while intoxicated prosecutions. However, these so-called signs of intoxication, which include slurred speech and red, watery eyes, could have easily been caused by something as simple as allergies, illness, or even fatigue.

Even though the evidence in a Cotati California DUI / DWI case may seem compelling, an expert defense lawyer can fight a drunk driving charge and win. An attorney with extensive experience defending drinking and driving cases will effectively attack the evidence and protect the accused motorist's rights.

Locating the right attorney can be a challenge, but 1800DUILaws.com is here to help. 1800DUILaws.com is a national association of top defense lawyers who have devoted their careers to defending accused drunk drivers. A top local Cotati CA attorney can provide a free consultation and outline a proven defense strategy designed to minimize or even eliminate the consequences of a driving under the influence arrest.