Kings Beach California DUI / DWI Defense Lawyers
Kings Beach California DUI / DWI arrests are frustrating and frightening experiences, but accused drunk drivers must act fast to avoid negative consequences. A drinking and driving conviction can bring host of repercussions, including a license suspension, large fines, and sometimes even a jail sentence. However, this outcome isn't unavoidable - not even close. An experienced criminal defense attorney from 1800DUILaws.com can aggressively fight a Kings Beach CA driving under the influence charge and safeguard the accused motorist's rights.
Kings Beach CA drunk driving prosecutions are built on four categories of evidence - chemical test results, driving patterns, field sobriety tests, and physical symptoms of alcohol impairment. But while this evidence may seem damning, the prosecutor's entire case is open to challenge. A skilled defense lawyer will carefully review each item of evidence in a driving under the influence case and develop an appropriate defense strategy.
Prosecutors typically use a chemical test of the driver's blood, breath or urine as a key piece of prosecution evidence in a Kings Beach California DUI / DWI case. However, chemical test results aren't infallible, and neither are the individuals who collect and analyze the samples. Even chemical tests that suggest the driver had a blood alcohol content (BAC) of .08 percent can be effectively challenged. A skilled criminal defense lawyer will examine every detail of the accused driver's chemical test to determine the most appropriate challenge.
Oftentimes, the simple concept of time can drive a successful chemical test challenge. Police often administer chemical tests an hour or more after the driver was last behind the wheel, and an individual's BAC can rise significantly during that time. The body will continue to absorb alcohol after the last drink is ingested, and a skilled defense lawyer will explain to jurors how rising BAC can create an inflated blood alcohol reading.
A driver who refuses to take a chemical test following a lawful Kings Beach CA DUI / DWI arrest faces additional consequences, both in court and at the DMV. 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 that include longer license suspensions, additional criminal punishment, and the possibility that the refusal may be evidence of "consciousness of guilt" at trial.
The accused motorist's driving patterns prior to arrest will also be used as prosecution evidence in a Kings Beach California driving under the influence case. The arresting officer will be asked to describe any driving patterns that are associated with DUI / DWI, including swerving between lanes, braking abruptly, or driving too slowly.
However, evidence of the accused motorist's driving patterns prior to arrest can be effectively challenged during aggressive cross-examination. A skilled defense lawyer will argue that driving patterns suggestive of DUI / DWI could easily have been caused by a situation unrelated to alcohol use. For example, the driver might have been adjusting the radio and inadvertently drifted into another lane.
Field sobriety test results are another type of evidence introduced in Kings Beach CA drunk driving cases. Field sobriety test evidence can be challenged under a very simple premise - when an individual drinks alcohol, he or she experiences both mental and physical impairment, but field sobriety tests mostly assess physical agility. Therefore, the accused motorist may have been suffering from an unrelated physical impairment and "failed" a field sobriety test without exhibiting the mental impairment characteristic of alcohol intoxication.
Any number of conditions, including illness, injury, or central nervous-system disorders, can create the kind of physical impairment that impacts field sobriety test performance. A knowledgeable Kings Beach CA DUI / DWI defense attorney will argue that circumstances unrelated to alcohol use prevented the driver from "passing" his or her field sobriety test.
The arresting officer will be asked to testify about any signs of intoxication displayed by the accused driver prior to arrest. 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.
The bottom line in a Kings Beach California drunk driving case is this - despite the mountain of evidence presented by the prosecution in a driving under the influence case, DUI / DWI charges can be beaten with the help of a skilled defense attorney. A defense lawyer who has extensive experience defending driving under the influence cases will aggressively attack the evidence and create reasonable doubt in the minds of jurors.
Finding the right defense lawyer can be a challenge, especially if it's the accused driver's first encounter with the criminal justice system, but 1800DUILaws.com is here to help. 1800DUILaws.com is a national association of skilled DUI / DWI defense lawyers who focus on protecting the rights of accused drunk drivers. A knowledgeable Kings Beach CA defense attorney will devise a proven defense strategy that's designed to minimize or even eliminate the consequences of a driving while intoxicated arrest.
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