Rancho Mirage California DUI / DWI Attorneys

Getting arrested for drunk driving in Rancho Mirage California can be one of the most frightening and confusing events in a driver's life. The accused motorist is concerned about the serious consequences of a drinking and driving arrest, and rightly so - a DUI / DWI conviction can result in a suspended license, a large fine, and even a jail sentence. However, getting arrested for driving under the influence doesn't equal an automatic conviction - far from it. An experienced defense attorney has the skills needed to fight for the driver's rights and create reasonable doubt in the minds of jurors.

Driving while intoxicated cases are all different, but the types of evidence are the same. The prosecutor will try to introduce evidence that includes the driver's chemical test results, driving patterns, field sobriety tests, and testimony about physical signs and symptoms of intoxication displayed by the driver. But while this evidence may seem damning, all of it can be aggressively challenged by a knowledgeable Rancho Mirage CA defense lawyer.

A chemical test of the driver's blood, breath or urine is typically a central item of evidence in a Rancho Mirage California DUI / DWI prosecution. However, there are many effective challenges to chemical tests which indicate a blood alcohol content (BAC) of .08 percent or greater. A knowledgeable defense lawyer will analyze the driver's chemical test to determine the best avenue to challenge the results.

A successful chemical test challenge often hinges on the simple concept of time. Chemical tests are often given an hour or more after the driver was last behind the wheel, and the driver's BAC may have risen considerably during that time period. The body continues to absorb alcohol after a driver stops drinking, which can cause the BAC to be artificially inflated.

Because blood-alcohol levels continue to rise after the driver stops drinking, the motorist may have been legally intoxicated at the police station but within the legal limit when behind the wheel. A Rancho Mirage CA DUI / DWI defense lawyer who is thoroughly well-versed in how alcohol affects the human body can demonstrate to jurors how a driver who "failed" a chemical test at the police station could have been well within the legal limit when behind the wheel.

Any driver who refused to submit to a chemical test after a DUI / DWI arrest faces additional problems, both in court and at the DMV. All 50 states have implied consent laws, which means that anyone who drives in that state has given implied consent to submit to a chemical test to determine BAC if arrested for driving under the influence. A driver who refused a chemical test after a DUI / DWI arrest may encounter additional repercussions, including lengthier license suspensions and additional criminal penalties. In addition, in many states a refusal is considered evidence of "consciousness of guilt."

The arresting officer's observations of the motorist's driving patterns prior to arrest will also be used as evidence in a Rancho Mirage California driving under the influence prosecution. The officer will testify about driving behavior linked to DUI / DWI, such as weaving between lanes, abrupt braking, or driving too slowly.

Effective cross-examination is the key to rebutting the officer's testimony about driving patterns. An experienced defense attorney can prove that many of the driving patterns associated with DUI / DWI can be traced to causes that have nothing to do with alcohol. For example, the driver may have been briefly distracted while changing the radio station, and inadvertently swerved between lanes.

Speeding - one of the most common reasons police stop suspected drunk drivers in Rancho Mirage CA - isn't recognized as a DUI / DWI driving pattern by the National Highway Traffic Safety Administration (NHTSA). If the officer testifies that speeding was the reason for the initial traffic stop, the arrest may have lacked probable cause, and any evidence gathered may be suppressed.

The results of any field sobriety tests taken by the accused driver will also be used as evidence in a Rancho Mirage CA DUI / DWI case. There are many effective challenges to this evidence. A successful challenge is typically based on a simple principle - alcohol intoxication causes both mental and physical impairment, but most field sobriety tests rely heavily on physical agility. A driver can "fail" his or her field sobriety test without ever displaying the mental impairment associated with intoxication.

Any number of issues that have nothing to do with alcohol use can cause physical impairment, including illness, injury, or central nervous-system disorders. A skilled Rancho Mirage California defense attorney will establish whether issues unrelated to alcohol use prevented the driver from "passing" a field sobriety test.

The arresting officer will also be asked to testify about any physical signs and symptoms associated with alcohol impairment that he or she observed in the driver. The officer might testify about the driver's red, watery eyes, slurred speech, or an odor of alcohol. But these so-called symptoms can be attributed to many causes unrelated to alcohol use, including illness, fatigue, or even allergies.

Even though the prospect of facing a jury in a Rancho Mirage CA DUI / DWI case may seem daunting, it's worth it to fight a drinking and driving charge. An expert criminal defense attorney has proven strategies in his or her arsenal that can effectively attack the evidence in drinking and driving cases.

Finding a skilled defense attorney can be challenging, but 1800DUILaws.com is here to help. 1800DUILaws.com is a national association of defense lawyers who are experienced at safeguarding the rights of accused drunk drivers. A knowledgeable Rancho Mirage California DUI / DWI defense attorney will work hard to prove the driver's innocence by creating reasonable doubt in the minds of jurors.