Madera County California DUI / DWI Attorneys & Lawyers

Madera County, California drunk driving arrest can happen to anyone - one minute of bad luck can cause a driver to be pulled over and arrested for DUI / DWI. In a flash, the driver is forced to take a field sobriety test, submit to a breath or blood test, and is under arrest for driving under the influence.

DUI / DWI charges can have life-changing repercussions, so it's in the driver's best interest to take the allegations seriously. Fortunately, a drunk driving case can be fought and won with the help of an expert attorney. Any motorist facing charges of driving under the influence in Madera County, California should be represented by an experienced attorney who concentrates on DUI / DWI defense.

Madera County, California DUI / DWI cases are built on four categories of evidence - field sobriety test results, driving patterns, physical signs of intoxication, and chemical tests. However, this evidence doesn't equal a slam-dunk conviction. A drunk driving criminal defense lawyer will effectively challenge all of the evidence in a driving under the influence case to create reasonable doubt in a driver's guilt.

Prosecutors rely on field sobriety tests when pursuing a Madera County, California DUI / DWI case. These exercises shouldn't even be called tests, because their only purpose is to provide probable cause to make an arrest and evidence for a court trial. The National Highway Traffic Safety Administration (NHTSA) recognizes three standardized field sobriety tests - the horizontal gaze nystagmus test, the walk and turn test, and the one-leg stand test. Every other field sobriety test used by police is so subjective that they hold less weight in court.

Like other types of evidence in a drunk driving case, field sobriety test results can be effectively challenged by an experienced DUI / DWI criminal defense lawyer. The reason why is simple - experts agree that alcohol intoxication always triggers mental impairment before physical impairment takes place.

Physical impairment can be masked by drivers with a high tolerance for alcohol, but mental impairment can never be hidden. Therefore, if the individual showed physical impairment but no mental impairment, the physical difficulties must stem from something other than alcohol. Physical impairment can come from many sources, including illness or injury. A skilled Madera County, California DUI / DWI attorney will establish whether any conditions other than alcohol use may have caused physical impairment.

Driving too slowly, weaving, and abrupt braking or acceleration are all driving patterns associated with DUI / DWI. However, speeding - one of the most typical reasons police stop drivers - isn't recognized as a drunk driving pattern by the National Highway Traffic Safety Administration. A skilled defense lawyer will argue that a drunk driving investigation that began when an officer spotted a driver speeding stemmed from an improper traffic stop, and any evidence gathered should be excluded.

The physical signs and symptoms of alcohol intoxication are another type of evidence used in a drunk driving prosecution. However, these "symptoms," including red, watery eyes or slurred speech, can stem from illness, allergies, fatigue, or a number of other conditions that have nothing to do with alcohol use.

Blood or breath test results that show a blood alcohol content (BAC) of .08 percent or greater are often the centerpiece of a Madera County, California prosecutor's DUI / DWI case. However, chemical test results can be effectively challenged. An experienced criminal defense attorney will examine whether police followed the correct procedures when administering a chemical test.

The attorney will also question whether a test given hours after the driver was last behind the wheel gives an accurate representation of the motorist's BAC when driving. Alcohol levels continue to rise after a driver takes that last drink, so the motorist could easily be within the legal limit when driving and exceed it later at the police station.

Drivers who refuse to submit to a chemical test face additional repercussions in court and at the DMV. Every state's implied consent law dictates that any driver arrested on suspicion of DUI / DWI must submit to a chemical test of the blood, breath, or urine. Drivers who refuse the test face consequences such as longer driver's license suspensions or additional criminal charges.

Although the prospect of fighting a DUI / DWI charge in court makes many motorists nervous, there are good reasons to challenge the charges. Here's the best reason - a motorist who pleads guilty to drunk driving has a 100 percent chance of being convicted, but a driver who aggressively fights may walk away without a criminal record.

It's possible to attack every item of evidence in a Madera County, California DUI / DWI prosecution, from blood or breath test results to field sobriety test performance. An experienced drunk driving criminal defense attorney will effectively challenge chemical test results, punch holes in the prosecutor's case, and create doubt in the driver's guilt.

1800DUILaws is designed to help accused drunk drivers find an experienced Madera County, California DUI / DWI criminal defense lawyer and learn more about the charges against them. 1800DUILaws is a national association of top criminal defense lawyers with experience fighting for the rights of accused drunk drivers.