Kings County California DUI / DWI Attorneys

Kings County, California DUI / DWI arrest is a nerve-wracking and frustrating that forces the accused driver to navigate the complexities of the criminal justice system, often for the first time. Drunk driving cases can be fought and won, but not without expert legal help. A skilled defense attorney from 1800DUILaws.com will represent the driver's rights in every aspect of a Kings County, California drunk driving case.

Facing a jury in a Kings County, California DUI / DWI case can seem like a frightening prospect, so it's useful to gain a thorough understanding of how driving under the influence cases are pursued. Prosecutors present four distinct types of evidence - driving patterns, physical signs of intoxication, field sobriety test results, and chemical tests. The good news is that all of this evidence can be aggressively challenged by a skilled local Kings County, California drunk driving defense attorney.

The officer who arrested the motorist for DUI / DWI will be called to the stand to testify about the motorist's driving patterns prior to being pulled over. Some of the driving patterns associated with DUI / DWI include abrupt braking, driving too slowly, and weaving between lanes.

However, if the arresting officer testifies that he or she stopped the accused motorist for speeding, the arrest may not be valid. Speeding isn't recognized as a DUI / DWI driving pattern by the National Highway Traffic Safety Administration (NHTSA). A skilled Kings County, California defense attorney will argue that any evidence gathered during a traffic stop prompted by speeding should be excluded because the arrest likely lacked probable cause.

Any physical symptoms of alcohol intoxication, such as red, watery eyes and slurred speech, will also be part of the arresting officer's testimony. But obviously these so-called signs of intoxication can stem from conditions unrelated to alcohol use, such as illness, allergies, or even fatigue.

A driver's performance on a field sobriety test will also be used as evidence in a Kings County, California drunk driving prosecution. However, field sobriety tests are open to challenge because they are notoriously subjective, and whether a driver "passes" or "fails" is based solely on the officer's opinion. Field sobriety test challenges are typically based on a very simple premise - alcohol intoxication causes mental impairment before physical impairment occurs.

Drinkers with a high alcohol tolerance can often hide any physical impairment, but mental impairment can never be masked. Therefore, a motorist who exhibited physical problems but no mental impairment during a field sobriety test couldn't have been legally intoxicated.

Obviously, many conditions unrelated to alcohol use can cause the kind of physical problems that interfere with field sobriety test performance, including illness, injury, and fatigue. An experienced  Kings County, California DUI / DWI defense lawyer will establish that a motorist who exhibited physical impairment but who was mentally acute could not have been under the influence of alcohol or drugs.

A chemical test of the driver's blood or breath that indicated a blood alcohol content (BAC) of .08 percent or greater is almost always a key piece of evidence in Kings County, California drunk driving prosecutions. However, chemical tests aren't foolproof, and neither are the individuals who collect and analyze the samples. An experienced DUI / DWI defense attorney will thoroughly examine the accused driver's chemical test to determine the most appropriate challenge.

Many successful chemical test challenges are based on the simple concept of timing. Blood alcohol levels can fluctuate significantly in a short time period, because the body continues to absorb alcohol after an individual takes that last drink. By this token, a driver who exceeded the legal limit at the police station could easily have been within the limit when driving.

Refusing to submit to a chemical test after a Kings County, California drinking and driving arrest carries additional repercussions. Every state has implied consent laws that require drivers arrested for DUI / DWI to submit to a chemical test to determine BAC. Motorists who refuse to take a chemical test face harsher punishment than those who submit to the test.

The bottom line is that it is possible to fight a Kings County, California drunk driving charges and win. A skilled DUI / DWI criminal defense attorney will work hard to minimize or even eliminate the negative repercussions of a driving under the influence arrest.

Having a skilled defense lawyer at the driver's side after a Kings County, California drunk driving arrest is extremely important, but finding an expert attorney can be difficult. 1800DUILaws can help- it's a national association of top defense lawyers who devote their practices to defending accused drunk drivers. 1800DUILaws can provide a referral to an experienced local defense lawyer who will work hard too protect the driver's rights and create reasonable doubt in the minds of jurors.