Paso Robles CA DUI / DWI Lawyers & Attorneys

Paso Robles California DUI / DWI arrests often leave confused and frightened drivers in their wake. Navigating the criminal justice system, especially for the first time, can be frustrating and nerve-wracking. The driver is likely concerned about the serious repercussions of a drinking and driving arrest, which include a suspended license, a large fine, and even a jail sentence. However, a driving under the influence arrest doesn't equal an automatic conviction - not even close. A skilled defense attorney will work hard to protect the driver's rights and aggressively fight the charges.

All DUI / DWI prosecutions are different, but the evidence used to try to convict the driver is similar. The prosecutor will attempt to introduce evidence that includes the driver's chemical test results, driving patterns, field sobriety tests, and testimony about the driver's physical appearance prior to arrest. However, even though this evidence seems damning, every item can be effectively challenged by an experienced Paso Robles CA defense lawyer.

Chemical tests of the driver's blood, breath or urine are usually key evidence in a Paso Robles California prosecutor's driving under the influence case. However, chemical test results that show a blood alcohol content (BAC) of .08 percent or greater can be interpreted in more than one way. A knowledgeable defense lawyer will analyze every aspect of the driver's chemical test result to determine the most effective challenge.

The most effective challenges to chemical test results are often based on the simple concept of time. Chemical tests are often administered an hour or more after the driver was last behind the wheel, and his or her BAC probably fluctuated considerably during that time. The body continues to absorb alcohol after a person takes a drink, which can cause the BAC reading to be artificially inflated.

Because a driver's BAC continues to rise after drinking, a motorist who may have been legally intoxicated at the police station could easily have been within the legal limit when driving. A Paso Robles CA DUI / DWI defense lawyer who is knowledgeable about how alcohol affects the human body will demonstrate to jurors how a driver whose chemical test indicated intoxication at the police station could have well within the legal limit while behind the wheel.

Drivers who refuse to submit to a chemical test after a lawful DUI / DWI arrest may face additional problems, both in court and at the DMV. All states have implied consent laws, meaning that anyone who gets behind the wheel has agreed to take a chemical test to determine BAC if arrested for driving under the influence. Any motorist who refused a chemical test may face additional repercussions, including longer license suspensions and additional criminal penalties. In addition, in some states a refusal can be used as evidence of "consciousness of guilt."

The motorist's driving patterns prior to arrest are also used as evidence in a Paso Robles California driving under the influence prosecution. The arresting officer will testify about any behavior he or she observed that is associated with drunk driving, including abrupt braking, weaving between lanes, or driving too slowly.

However, many of the driving patterns considered indicative of DUI / DWI can be attributed to causes that have nothing to do with alcohol use. For example, the driver may have been briefly distracted after dropping something on the floor or looking at a map, and inadvertently drifted between lanes.

One of the most common reasons police stop suspected drunk drivers in Paso Robles CA - speeding - 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 stopped the accused driver for speeding, probable cause for arrest may not have existed, and any evidence gathered may be suppressed at trial.

Prosecutors also use field sobriety tests as evidence in Paso Robles CA DUI / DWI cases. However, there are many effective challenges to field sobriety tests. Here's why - alcohol intoxication causes both mental and physical impairment, but most field sobriety tests rely heavily on physical agility. A driver experiencing physical problems can "fail" his or her field sobriety test without ever displaying the mental impairment associated with intoxication.

Clearly, physical problems can stem from any number of factors that have nothing to do with alcohol use, including injury, illness, or central nervous-system impairment. A skilled Paso Robles CA drunk driving defense attorney will establish whether issues unrelated to alcohol use prevented the driver from passing a field sobriety test.

Any physical signs and symptoms associated with alcohol impairment that were observed in the driver also will be used as evidence in a Paso Robles California drunk driving prosecution. The arresting officer might tell jurors about a driver's slurred speech, red, watery eyes, or an odor of alcohol. But these "signs" of alcohol or drug use can be caused by numerous factors, including illness, fatigue, or even allergies.

Facing a jury in a DUI / DWI case can seem daunting, but it's in the motorist's best interest to fight a drinking and driving charge. An expert criminal defense attorney has many proven strategies in his or her arsenal designed to attack the evidence in drinking and driving cases.

Finding the right defense attorney can be a challenge, but luckily, 1800DUILaws.com can help. 1800DUILaws.com is a national association of expert defense lawyers who focus on defending accused drunk drivers. A skilled Paso Robles CA DUI / DWI attorney will work hard to fight for the driver's rights and minimize or even eliminate the repercussions of a driving under the influence charge.