San Diego CA DUI / DWI Defense Lawyers & Attorneys

San Diego California drunk driving arrests can bring extremely serious repercussions - the accused driver faces a lengthy license suspension, a large fine, and sometimes even jail time if convicted. However a DUI / DWI arrest doesn't mean an automatic conviction - far from it. A skilled criminal defense lawyer from 1800DUILaws.com has the experience needed to effectively fight a San Diego CA driving under the influence charge.

Drunk driving prosecutions hinge on four types of evidence - chemical test results, driving patterns, field sobriety tests, and testimony about any physical symptoms of alcohol use. Although this evidence may seem compelling, all of it is open to challenge. An expert defense lawyer will carefully review every item of evidence to determine the most effective defense strategy.

Prosecutors often use chemical tests of the driver's blood, breath or urine as a key piece of evidence in a San Diego California DUI / DWI prosecution. But even chemical tests that show a blood alcohol content (BAC) of .08 percent or greater can be successfully challenged. A skilled criminal defense attorney will thoroughly analyze an accused driver's chemical test to establish the best plan of attack.

Successful chemical test challenges are often driven by the simple concept of time. Police officers often give blood, breath and urine tests an hour or more after the driver was last behind the wheel, and his or her BAC may have increased considerably in that time. The body continues to absorb alcohol long after the last drink is taken, and skilled defense lawyers help jurors understand how rising BAC can create an inflated blood alcohol reading.

Refusing to submit to a chemical test after a lawful drunk driving arrest opens the accused driver to additional challenges, both in court and at the DMV. Every state has an implied consent law, meaning that drivers in that state agree to take a chemical test after a valid DUI / DWI arrest. The repercussions of a chemical test refusal can include longer license suspensions, additional criminal penalties, and the possibility that the refusal may be evidence of "consciousness of guilt" at trial.

The arresting officer in a San Diego CA driving under the influence prosecution will be called upon to testify about the accused motorist's driving patterns. The officer likely will describe behavior that includes braking abruptly, weaving between lanes, or driving too slowly. However, this testimony can be effectively rebutted during an aggressive cross-examination. A skilled defense lawyer can establish that driving patterns suggestive DUI / DWI could also have been caused by circumstances unrelated to alcohol use. For example, the driver might have inadvertently changed lanes after reaching to the floor to pick up a dropped item.

Field sobriety tests are another type of prosecution evidence introduced in San Diego CA drunk driving cases. Field sobriety test challenges hinge on a simple premise - alcohol intoxication results in both mental and physical impairment, and field sobriety tests rely unfairly on physical agility. An accused motorist can "fail" a field sobriety test without ever showing the mental impairment associated with alcohol intoxication.

There are many conditions completely unrelated to alcohol use, including injury, illness, or central nervous-system disorders, that can cause the kind of physical impairment that impacts field sobriety test performance. An experienced San Diego California drunk driving defense lawyer will attempt to prove that circumstances unrelated to alcohol use caused the driver to "fail" his or her field sobriety test.

Any physical signs and symptoms of alcohol use shown by the accused driver are also used as evidence in San Diego CA drunk driving prosecutions. But these so-called symptoms of intoxication, which include slurred speech and red, watery eyes, can be attributed to conditions such as allergies, illness, or even fatigue.

Even though prosecutors in San Diego California DUI / DWI cases present a mountain of evidence designed to convict the driver, it's possible to fight and win a drunk driving case with the help of an expert defense attorney. A lawyer with extensive experience protecting the rights of accused drunk drivers will aggressively attack the evidence and create reasonable doubt in the minds of jurors.

However, locating a qualified defense lawyer can be a challenge. 1800DUILaws.com is a national network of top defense attorneys who dedicate their careers to fighting drunk driving cases. A local San Diego CA defense attorney can provide a free consultation and explain a proven defense strategy designed to minimize the repercussions of a driving under the influence arrest.