Duncans Mills CA DUI / DWI Defense Attorneys

Duncans Mills CA DUI / DWI arrest can be a frightening and nerve-wracking experience, and the accused drunk driver must take fast legal action to minimize the consequences. A driving under the influence conviction carries heavy penalties, including driver's license suspensions, large fines, and sometimes even jail sentences. However, an arrest doesn't equal an automatic conviction - not even close. A skilled drunk driving criminal defense lawyer from 1800DUILaws.com will aggressively fight a Duncans Mills California driving while intoxicated charge and fight for the accused motorist's rights.

Four types of evidence are typically introduced in Duncans Mills CA DUI / DWI cases - chemical test results, driving patterns, field sobriety tests, and physical symptoms of alcohol impairment. But while this evidence may seem overwhelming, the good news is that the prosecutor's entire case is open to challenge. An experienced defense attorney will carefully assess each item of evidence in a drunk driving case and devise the best possible defense strategy.

Chemical tests of the driver's blood, breath or urine are often the lynchpin of a prosecutor's evidence in a Duncans Mills California DUI / DWI case. But chemical tests aren't infallible, and neither are the individuals who collect and analyze the samples. Chemical tests that suggest the driver had a blood alcohol content (BAC) of .08 percent are open to interpretation. A skilled criminal defense lawyer will examine every detail of the accused driver's chemical test to determine the most effective challenge.

Oftentimes, successful chemical test challenges hinge on something as simple as timing. Police often conduct chemical tests an hour or two after the driver was last behind the wheel, and the individual's BAC may have risen significantly during that time. Bodies continue to absorb alcohol after a person takes that last drink, and a skilled defense lawyer will explain to jurors how rising BAC can create an inflated blood alcohol reading.

Chemical test refusals create additional challenges for drivers facing a Duncans Mills CA DUI / DWI charge. All 50 states have implied consent laws that require motorists to submit to a chemical test after a lawful drunk driving arrest. A chemical test refusal can bring repercussions both in court and at the DMV that include longer license suspensions, additional criminal punishment, and the possibility that the refusal may be evidence of "consciousness of guilt" at trial.

The defendant's driving patterns prior to arrest will also constitute prosecution evidence in a Duncans Mills CA driving while intoxicated case. The arresting officer will be asked to testify about any driving patterns displayed by the accused motorist that are associated with DUI / DWI, including swerving between lanes, braking abruptly, or driving too slowly.

However, this evidence can be effectively rebutted during aggressive cross-examination. An experienced defense lawyer will establish that driving patterns associated with DUI / DWI could easily have been caused by a situation completely unrelated to alcohol intoxication. For example, the driver may have been reaching for something on the floor and inadvertently swerved into another lane.

Field sobriety test results are also used as evidence in Duncans Mills California drinking and driving cases. Field sobriety tests can be challenged by establishing a very simple fact - drinking alcohol causes both mental and physical impairment, but field sobriety tests mostly assess physical agility. Therefore, an accused driver who may have been suffering from an unrelated physical impairment could have "failed" a field sobriety test without exhibiting the mental impairment characteristic of alcohol intoxication.

There are many conditions, including illness, injury, and central nervous-system disorders, that can cause the kind of physical impairment that impacts field sobriety test performance. A skilled Duncans Mills CA DUI / DWI defense lawyer can establish that circumstances that had nothing to do with alcohol intoxication prevented the driver from "passing" his or her field sobriety test.

Testimony about any signs of intoxication displayed by the accused driver prior to arrest will also be used as prosecution evidence in a Duncans Mills California driving under the influence trial However, many of the so-called symptoms of intoxication, including red, watery eyes and slurred speech, can be traced to a source that has nothing to do with alcohol intoxication, such as illness, allergies, or even fatigue.

Ultimately, Duncans Mills California DUI / DWI charges can be beaten with the help of a skilled defense attorney. Despite the mountain of evidence presented by the prosecution in a driving under the influence case, a defense lawyer who has extensive experience defending driving under the influence cases can create reasonable doubt in the minds of jurors.

However, finding an expert defense attorney can be difficult, particularly if it's the accused driver's first encounter with the criminal justice system. 1800DUILaws.com can help - it's a national network of skilled DUI / DWI defense lawyers who focus on protecting the rights of accused drunk drivers. A skilled Duncans Mills California defense attorney will work hard to minimize or even eliminate the consequences of a driving while intoxicated arrest.