Ukiah California DUI / DWI Lawyers
Ukiah California drunk driving arrest can be one of the most frightening and confusing events in a driver's life. The driver is suddenly forced to contend with the criminal justice system and faces a suspended license, a large fine, and even a jail sentence.
Luckily, a driving under the influence arrest doesn't equal a slam-dunk conviction - far from it. A skilled defense attorney will fight aggressively for the driver's rights and work to keep the negative consequences of a DUI / DWI arrest to a minimum.
Prosecutors in Ukiah California driving under the influence cases seek to introduce evidence that includes the driver's chemical test results, driving patterns, field sobriety tests, and testimony about physical signs and symptoms of intoxication displayed by the driver. But while this evidence may seem damning, all of it can be aggressively challenged by a knowledgeable Ukiah CA defense lawyer.
Chemical tests of the driver's blood, breath or urine are usually the centerpiece of prosecutors' Ukiah California DUI / DWI cases. However, chemical tests which indicate a blood alcohol content (BAC) of .08 percent or greater can be effectively challenged. Skilled defense attorneys will analyze the driver's chemical test to determine the best strategy to challenge the results.
Successful chemical test challenges are often based on the simple concept of time. Police typically administer chemical tests long after the driver was last behind the wheel, and a driver's BAC can rise considerably during that time period. The human body continues to absorb alcohol after a person stops drinking, which makes the BAC continue to rise.
Because the driver's blood alcohol can continue to rise after he or she stops drinking, it's possible that the motorist was legally intoxicated at the police station but within the legal limit while behind the wheel. A Ukiah CA DUI / DWI defense attorney who thoroughly understands how alcohol affects the human body will show jurors how a driver who "failed" a chemical test at the police station could have been within the legal limit while driving.
Drivers who refused to submit to a chemical test after lawful DUI / DWI arrests face additional consequences, both in court and at the state department of motor vehicles. Every state has an implied consent law, meaning that anyone who drives in that state has consented to take a chemical test to determine BAC if arrested for driving under the influence. Drivers who refuse chemical tests after DUI / DWI arrests face repercussions that may include lengthier license suspensions and additional criminal penalties. In addition, in many states a refusal is considered evidence of "consciousness of guilt."
Observations made by the arresting officer of the motorist's driving patterns prior to arrest will also be considered evidence in a Ukiah California driving while intoxicated case. The officer may describe driving behavior linked to DUI / DWI, such as swerving between lanes, abrupt braking, or driving too slowly.
Aggressively cross-examining the arresting officer is the key to rebutting his or her testimony about the accused motorist's driving patterns. A skilled defense attorney can establish that many of the driving patterns associated with DUI / DWI can be attributed to causes unrelated to alcohol. For example, the motorist may have been changing the radio station and inadvertently drifted between lanes.
One of the most common reasons police stop suspected drunk drivers in Ukiah CA - speeding - isn't even recognized as a DUI / DWI driving pattern by the National Highway Traffic Safety Administration (NHTSA). If the officer cites speeding as the reason why he or she stopped the driver, there may have been no probable cause to make an arrest, and the evidence gathered during the traffic stop may be suppressed.
Field sobriety tests are another type of evidence used in Ukiah CA DUI / DWI cases. A successful challenge to a field sobriety test is typically based on a simple principle - alcohol use prompts both mental and physical impairment, but most field sobriety tests rely heavily on physical agility. The driver can "fail" a field sobriety test even if he or she doesn't display the mental impairment associated with alcohol intoxication.
Physical impairment can be caused by any number of issues that have nothing to do with alcohol use, such as illness, injury, or central nervous-system disorders. An experienced Ukiah California defense attorney may be able to prove that conditions unrelated to alcohol use prevented the driver from "passing" a field sobriety test.
Any physical signs and symptoms associated with alcohol impairment are also considered evidence in a Ukiah CA drinking and driving prosecution. The officer may cite red, watery eyes, slurred speech, or an odor of alcohol as evidence of alcohol intoxication. But these so-called symptoms can be traced to many issues unrelated to alcohol use, including illness, fatigue, or even allergies.
Despite the evidence brought in a Ukiah California DUI / DWI case, it's important to note that drunk driving cases can be fought and won. An expert criminal defense attorney will use proven defense strategies to effectively attack the evidence in drinking and driving cases.
Locating an experienced DUI / DWI defense lawyer can be challenging, but 1800DUILaws.com can help. 1800DUILaws.com is an association of skilled defense attorneys who focus on safeguarding the rights of accused drunk drivers. A knowledgeable Ukiah CA defense attorney will work to minimize or even eliminate the repercussions of a driving under the influence charge by creating reasonable doubt in the minds of jurors.
|