DUI / DWI Defense Attorneys and Lawyers Larkspur California

The punishment handed down after a Larkspur California driving under the influence conviction is severe - the driver can be hit with a hefty fine, a license suspension, and even a jail sentence. But luckily, a drunk driving arrest doesn't equal an automatic conviction. A skilled DUI / DWI defense attorney can effectively challenge all of the evidence in drinking and driving case and create reasonable doubt in the minds of jurors.

Prosecutors in Larkspur CA drunk driving cases work hard to gather damning evidence - they seek to introduce testimony about 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.

Prosecutors often use chemical tests of the driver's blood, breath or urine as the focal piece of evidence in a drunk driving case. However, even chemical tests that show a blood alcohol content (BAC) of .08 percent or greater or the presence of drugs can be aggressively challenged. A knowledgeable defense lawyer will examine how a blood, breath or urine sample was collected and analyzed in order to determine the most effective plan of attack.

Challenging the timing of a chemical test is often the most effective way to challenge the results. Alcohol levels can fluctuate greatly over a short period of time, so a driver who exceeded the legal limit an hour or more after being behind the wheel could easily have been below the legal limit while driving.

Remember, the offense is driving while impaired, not exceeding the legal limit hours after operating a motor vehicle. A skilled Larkspur California defense lawyer will show jurors 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 arresting officer will likely be asked to testify about the motorist's driving patterns in a Larkspur CA DUI / DWI case. The officer may describe how the motorist displayed certain behaviors associated with drinking and driving, such as swerving between lanes, driving too slowly, or braking suddenly.

But obviously, there are many reasons why a driver might display these behaviors that have nothing to do with intoxication - he or she may have been doing something as simple as changing the radio station when the behavior was observed.

It's interesting to note that speeding - one of the most common reasons why police stop suspected DUI / DWI drivers in Larkspur CA -isn't recognized as a drunk driving pattern by the National Highway Traffic Safety Administration (NHTSA). If the arresting officer testifies that he or she pulled the accused drunk driver over for speeding, the arrest may have lacked probable cause.

Larkspur California prosecutors also use field sobriety tests as evidence in drinking and driving cases. At the time of arrest, many drivers are confused about the true purpose of the field sobriety test. Most hope that "passing" the test will help them avoid arrest, but they are used almost exclusively to establish probable cause to make an arrest and create evidence for a drunk driving court case.

However, skilled Larkspur CA drunk driving defense attorneys know that there are many effective challenges to field sobriety test evidence. Here's why - a motorist who is experiencing physical difficulties can "fail" without displaying any of the mental impairment associated with intoxication.

Experts agree that alcohol intoxication causes both mental and physical impairment, but field sobriety tests rely heavily on physical agility. Physical problems can stem from many causes unrelated to alcohol intoxication, such as injury, illness, or even fatigue. A knowledgeable Larkspur California DUI / DWI defense lawyer will establish whether factors other than alcohol use made it impossible for the driver to "pass" a field sobriety test.

The arresting officer's observations of any physical signs and symptoms of intoxication displayed by the driver are also used as evidence in a Larkspur California drunk driving case. The officer may testify about the driver's red, watery eyes, slurred speech, or an odor of alcohol. This testimony may seem damning, but a skilled defense lawyer can prove that these so-called symptoms of intoxication can be caused by many factors unrelated to alcohol, such as allergies, illness, or fatigue.

A driver who was arrested for DUI / DWI in Larkspur CA and refused a chemical test additional problems both in court and at the department of motor vehicles. Here's why - motorists in every state drive under something known as an implied consent law. This means that the driver has agreed to take a chemical test if lawfully arrested for drunk driving. A motorist who refuses to submit to a chemical test after a lawful arrest may face longer license suspensions, additional criminal penalties, and in some states a refusal can be used as evidence of "consciousness of guilt."

However, even though the thought of facing a jury in a Larkspur California DUI / DWI case may seem daunting, it's important to note that drunk driving charges can be successfully fought. An aggressive defense lawyer will challenge all of the evidence in a drinking and driving case, from chemical tests to field sobriety tests.

Locating the right defense lawyer can be a challenge for drivers accused of DUI / DWI, but 1800DUILaws.com can help. 1800DUILaws.com is a national network of experienced attorneys who focus on defending accused drunk drivers. A knowledgeable Larkspur CA defense attorney will develop an effective defense strategy designed to protect the driver's rights and minimize or even eliminate the negative consequences of a drinking and driving arrest.