San Fernando CA DUI / DWI Defense Attorneys and Lawyers
San Fernando California drunk driving arrest can have life-changing consequences - a driver convicted of DUI / DWI faces a lengthy license suspension, a large fine, and sometimes even time in jail or prison. But it's possible to fight and win against a driving under the influence charge. A criminal defense lawyer from 1800DUILaws.com has the skill and knowledge necessary to aggressively fight a San Fernando CA driving under the influence charge.
Every drunk driving prosecution hinges on four main kinds of evidence - chemical test results, driving patterns, field sobriety tests, and physical symptoms of alcohol intoxication. But while this evidence may seem compelling, every aspect of the prosecutor's case is open to challenge. An expert defense lawyer will carefully review every item of evidence to determine the most effective defense strategy.
A chemical test of the driver's blood, breath or urine is almost always a key piece of evidence in a San Fernando California DUI / DWI case. However, even a chemical test that indicates a blood alcohol content (BAC) of .08 percent can be effectively challenged. A knowledgeable criminal defense attorney can thoroughly examine every aspect of the accused driver's chemical test to determine the best plan of attack.
The simple concept of time drives many successful chemical test challenges. Blood, breath and urine tests are frequently administered an hour or more after the driver was last behind the wheel, and BAC can rise considerably during that time. Human bodies continue to absorb alcohol after the last drink is ingested, 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 valid San Fernando CA DUI / DWI arrest opens the accused driver to additional problems, both in criminal court and at the Department of motor vehicles. All states have implied consent laws that dictate that motorists agree to take a chemical test after a lawful drunk driving arrest. The ramifications 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.
San Fernando California driving under the influence prosecutions typically include evidence of the accused motorist's driving patterns. The arresting officer will testify about any patterns observed in the accused driver that are indicative of DUI / DWI, including 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.
San Fernando CA prosecutors also use field sobriety tests as evidence when pursuing drunk driving cases. Field sobriety tests can be challenged under a simple premise - when an individual drinks alcohol, he or she experiences both mental and physical impairment, but field sobriety tests rely unfairly on physical agility. By that token, an accused driver suffering from unrelated physical impairment can "fail" a field sobriety test without ever displaying the mental impairment characteristic of alcohol intoxication.
Many conditions, including injury, illness, or central nervous-system disorders, can cause the kind of physical impairment that impacts field sobriety test performance. A skilled San Fernando CADUI / DWI defense lawyer can establish that circumstances unrelated to alcohol use caused the driver to "fail" his or her field sobriety test.
Physical signs of alcohol intoxication displayed by the accused driver are also used as evidence in San Fernando California drinking and driving prosecutions. However, many of these so-called symptoms of intoxication, which include slurred speech and red, watery eyes, can be attributed to conditions such as illness, allergies, or even fatigue.
Ultimately, even though San Fernando CA prosecutors present a mountain of evidence designed to convict the driver in a DUI / DWI case, it's entirely possible to fight and win a drunk driving case with the help of an expert defense lawyer. A defense attorney with extensive experience protecting the rights of accused drunk drivers can effectively attack the evidence and create reasonable doubt in the minds of jurors.
But finding a qualified defense lawyer can be a challenge, especially if it's the driver's first encounter with the criminal justice system. 1800DUILaws.com can help - it's a national network of expert defense attorneys who focus their careers on helping accused DUI / DWI drivers fight the charges against them. A top San Fernando California defense attorney will outline a proven defense strategy during a free consultation that's designed to minimize the repercussions of a driving under the influence arrest.
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