San Marcos CA DUI / DWI Defense Lawyers

San Marcos CA DUI / DWI arrest can have life-changing consequences - the driver faces the possibility of fines, a license suspension, and even a jail sentence. And the penalties for drunk driving seem to get harsher with every passing year. But the good news is that a drinking and driving charge can be successfully fought with the help of a knowledgeable DUI / DWI attorney. A skilled attorney has the experience to challenge the evidence in a drunk driving case and protect the driver's rights.

The evidence in San Marcos California drunk drivingSan Marcos California drunk driving case can seem compelling - prosecutors present evidence of the driver's chemical test results, field sobriety tests, driving patterns, and physical appearance. But although police and prosecutors tend to view this as airtight evidence of driving under the influence, the truth is that effective challenges are available for every item of evidence in a DUI / DWI case.

A blood, breath or urine test that shows that the driver had a blood alcohol content (BAC) of .08 percent or greater or was under the influence of drugs is often the centerpiece of a prosecutor's driving while intoxicated case, but these results can be successfully challenged. An effective San Marcos CA DUI / DWI defense lawyer will question every aspect of a chemical test, including how the sample was gathered and analyzed.

The most effective challenge to a chemical test is often based on time - blood, breath and urine tests are often administered an hour or more after the motorist was last behind the wheel. Remember, the offense is driving under the influence, not being intoxicated at the police station hours after operating a motor vehicle. A skilled attorney will show jurors how alcohol levels change rapidly over a short period of time, and how a driver who may have been intoxicated at the police station was below the legal limit while driving.

Field sobriety tests are typically administered by San Marcos California police prior to making a drunk driving arrest. Although many drivers believe they can avoid arrest by "passing" these tests, that's almost never the case. In reality, field sobriety tests exist only to create probable cause for an arrest and generate prosecution evidence.

But the inherently unfair nature of field sobriety tests leave them open to challenge by a skilled defense attorney. Experts agree that alcohol intoxication causes both physical and mental impairment, but field sobriety tests' reliance on physical agility means that a driver can "fail" without displaying any mental impairment. Physical difficulties can be caused by any number of conditions unrelated to alcohol use, including injury, illness, and fatigue. An experienced San Marcos CA attorney can trace any problems performing a field sobriety test to causes other than alcohol.

Driving patterns associated with DUI / DWI motorists are yet another category of evidence in a San Marcos California drunk driving case. The arresting officer may testify that the driver swerved, drove too slowly, or braked abruptly prior to being pulled over. However, there are many valid reasons why a driver might display these behaviors - it doesn't mean he or she was intoxicated.

Interestingly, one of the most common reasons police pull suspected drunk drivers over in San Marcos CA - speeding - isn't recognized as a DUI / DWI driving pattern by the National Highway Traffic Safety Administration (NHTSA). If the arresting officer says he or she pulled a suspected drunk driver over for speeding, the arrest may not be valid because the officer lacked probable cause.

The physical signs and symptoms of intoxication are also used as evidence in a San Marcos CA driving under the influence prosecution. The arresting officer may testify about a driver's red, watery eyes, slurred speech, or say that he or she smelled of alcohol. However, many of the so-called physical symptoms of inebriation can stem from sources other than alcohol, such as allergies, illness, or fatigue.

Drivers who refuse a chemical test to determine BAC after a lawful San Marcos California DUI / DWI arrest may face additional penalties, both in court and at the Department of Motor Vehicles. Every driver in every state operates a motor vehicle under an implied consent law, meaning the motorist agrees to submit to a chemical test after being arrested for driving under the influence. A driver who refuses a chemical test may face additional criminal penalties, longer license suspensions, and in some states a refusal can be used as evidence of "consciousness of guilt."

Although a prosecutor's drunk driving case can seem compelling, a skilled attorney can challenge every shred of evidence, from a chemical test result to a field sobriety test, in a San Marcos CA DUI / DWI case. 1800DUILaws.com is a national network of skilled attorneys who focus on defending accused drunk drivers. An experienced defense lawyer from 1800DUILaws.com will use a proven strategy to protect the driver's rights and ensure that he or she receives the best defense possible.