DUI / DWI Attorneys and Lawyers Santa Ana California

Santa Ana CA drunk driving arrests carry serious repercussions - if convicted, the accused driver faces a suspended license, a large fine, and even a jail sentence. But luckily, a drunk driving arrest isn't an automatic conviction. Driving under the influence cases can be fought and won with expert legal help. An experienced Santa Ana CA defense lawyer from 1800DUILaws.com has the skills needed to protect the driver's rights and ward off the negative consequences of a drinking and driving arrest.

Santa Ana California drunk driving cases are generally based on four types of evidence - chemical test results, driving patterns, field sobriety tests, and testimony about physical signs and symptoms of alcohol intoxication shown by the driver. This evidence may seem like an insurmountable hurdle, but a savvy defense lawyer can challenge every item of evidence and create reasonable doubt in the minds of jurors.

Chemical tests of the accused driver's blood, breath or urine are usually the centerpiece of a Santa Ana CA prosecutor's drunk driving case, but even a blood alcohol content (BAC) of .08 percent or greater can be effectively challenged. A knowledgeable defense lawyer will analyze every aspect of the accused driver's chemical test to determine the most effective challenge.

The most effective chemical test challenges are often based on time. Police often administer chemical tests more than an hour after the driver was last behind the wheel, and an individual's BAC can inflate considerably in that time. The human body continues to absorb alcohol after the last drink is taken, and their BAC consequently continues to rise.

A skilled defense attorney can argue that rising BAC artificially inflated the driver's chemical test results. A Santa Ana CaliforniaDUI / DWI defense lawyer who thoroughly understands how the human body metabolizes alcohol can demonstrate that a driver who "failed" a blood, breath or urine test could have been within the legal limit when behind the wheel.

Refusing to take a chemical test after a lawful DUI / DWI arrest can create additional complications for the driver, both in court and at the state DMV. Refusing a chemical test violates every state's implied consent law. Motorists who refuse to take a chemical test after a drunk driving arrest face consequences that may include longer driver's license suspensions and additional criminal penalties. In addition, a refusal is considered evidence of "consciousness of guilt" in many states.

The arresting officer in a Santa Ana CA DUI / DWI case will also be called to testify about the accused motorist's driving patterns prior to arrest. The officer will describe any behavior that is linked to driving while intoxicated, including swerving between lanes, braking abruptly, or driving too slowly.

However, evidence of the accused motorist's driving patterns can be effectively rebutted during an aggressive cross-examination of the arresting officer. An experienced defense lawyer can establish that many of the driving patterns considered indicative of drunk driving can easily have stemmed from causes that had nothing to do with alcohol intoxication. For example, the driver may have been changing the radio station when he or she inadvertently drifted between lanes.

Field sobriety tests are also considered potent prosecution evidence in Santa Ana CA drunk driving cases, but can also be challenged with effectively cross-examination. A very simple premise guides field sobriety test challenges - alcohol intoxication causes both mental and physical impairment, but most field sobriety tests focus heavily on physical agility. Under this premise, an accused driver might "fail" a field sobriety test without ever displaying mental impairment associated with alcohol intoxication.

Physical impairment that might impact a driver's performance on a field sobriety test can stem from many conditions that have nothing to do with alcohol use, including illness, injury, or central nervous-system disorders. An experienced Santa Ana California drunk driving defense attorney can determine whether conditions unrelated to alcohol intoxication caused the motorist to "fail" his or her field sobriety test.

The arresting officer will also give testimony about any physical signs and symptoms of alcohol intoxication shown by the driver prior to arrest. These might include red, watery eyes, slurred speech, or an odor of alcohol. But these so-called signs of intoxication can be attributed to many conditions unrelated to alcohol use, including illness, fatigue, or even allergies.

Ultimately, it's important to remember that a Santa Ana CA DUI / DWI charge can be fought and won. An attorney who concentrates on defending drinking and driving cases will aggressively attack the evidence and work to keep negative consequences to a minimum.

Locating the right defense lawyer can be tricky, but 1800DUILaws.com is here to help - 1800DUILaws.com is a national network of defense attorneys dedicated to protecting the rights of drivers accused of DUI / DWI. An experienced attorney can provide a free consultation and outline a proven defense strategy designed to create reasonable doubt in the minds of jurors.