Scotts Valley California DUI / DWI Lawyers & Attorneys

Scotts Valley CA drunk driving arrests carry serious repercussions - the driver faces consequences that may include a suspended license, a large fine, and even a jail sentence. However, a DUI / DWI arrest doesn't equal a slam-dunk conviction. An experienced defense attorney will work hard to aggressively fight the charges and keep the repercussions of a drunk driving arrest to a minimum.

Scotts Valley California prosecutors present evidence in DUI / DWI cases that will likely include chemical test results, driving patterns, field sobriety tests, and testimony about the driver's physical appearance prior to arrest. But even though this evidence may seem damning, all of it can be aggressively challenged by a knowledgeable defense lawyer.

Chemical tests of the blood, breath or urine are usually central to a Scotts Valley CA prosecutor's driving under the influence case. However, chemical tests that show a blood alcohol content (BAC) of .08 percent or greater are open to interpretation. An experienced defense lawyer will examine every aspect of how the driver's chemical test sample was collected and analyzed to determine the best challenge.

The most effective challenges to chemical test results are often based on time. Chemical tests are often administered an hour or more after the driver was last behind the wheel, and the driver's BAC probably fluctuated considerably during that time. The body continues to absorb alcohol after a person takes the last drink, which causes the BAC to rise.

Therefore, a motorist who may have exceeded the legal limit hours after driving could have easily been within the legal limit while behind the wheel. A skilled Scotts Valley CA DUI / DWI defense lawyer will explain to jurors how a driver who appeared to be intoxicated hours later at the police station could have well within the legal limit while behind the wheel.

Drivers who refused a chemical test after a lawful DUI / DWI arrest face additional complications, both in court and at the department of motor vehicles. Every state has an implied consent law, meaning that the driver has agreed to take a chemical test after a lawful driving under the influence arrest. A motorist who refused to submit to a chemical test may face a longer license suspension, additional criminal penalties, and in some states a refusal can be used as evidence of "consciousness of guilt."

The motorist's driving patterns prior to arrest will also be used as evidence in a Scotts Valley California driving while intoxicated prosecution. The arresting officer will testify about patterns associated with drunk driving, such as swerving between lanes, abruptly braking, or driving too slowly.

But these types of driving behavior can be traced to many causes unrelated to alcohol intoxication. For example, the driver may have been temporarily distracted by something as simple as dropping something on the floor or looking at a map, and inadvertently drifted between lanes.

One of the most common reasons police stop suspected drunk drivers - speeding - isn't recognized as a drunk driving pattern by the National Highway Traffic Safety Administration (NHTSA). If the arresting officer initially pulled the accused driver over for speeding, there may not have been probable cause to make an arrest, and any evidence gathered may be suppressed at trial.

Field sobriety tests are also used as evidence in Scotts Valley CA DUI / DWI prosecutions. However, there are many effective challenges to these tests, because they are very subjective and inherently unfair. Here's why - alcohol intoxication causes both mental and physical impairment, but most field sobriety tests require a great degree of physical agility. A driver with a physical impairment may have "failed" his or her field sobriety test without ever displaying the mental impairment associated with intoxication.

Physical difficulties that prevent the driver's ability to perform field sobriety tests can be caused by many factors, including injury, illness, or central nervous-system impairment. A skilled Scotts Valley California drunk driving defense attorney will establish whether problems that had nothing to do with alcohol use caused the driver's inability to "pass" a field sobriety test.

The arresting officer also will testify about physical signs and symptoms of alcohol impairment displayed by the driver. The officer may cite the driver's red, watery eyes, slurred speech, or an odor of alcohol. But these so-called signs of alcohol or drug intoxication can stem from many factors, including illness, fatigue, or allergies.

Although the evidence in a DUI / DWI prosecution may seem damning, drunk driving cases can be fought and won. An expert criminal defense attorney has many effective strategies to challenge the evidence in drinking and driving cases.

Finding the right defense attorney can be a challenge, but 1800DUILaws.com is here to help. 1800DUILaws.com is a national association of top DUI / DWI defense attorneys who devote their practices to defending accused drunk drivers. A skilled Scotts Valley CA attorney is well-versed in defense strategies that are proven to minimize or even eliminate the repercussions associated with a driving while intoxicated arrest.