Marin County California DUI / DWI Attorneys

No one is ever prepared for the repercussions of a drunk driving arrest - they usually occur without warning, and the driver is suddenly forced to navigate the criminal justice system, often for the first time. It's usually a frightening and frustrating experience, and requires expert legal help. A skilled local attorney from 1800DUILaws.com can provide the knowledgeable legal representation needed after a Marin County, California DUI / DWI arrest.

Prosecutors pursuing Marin County, California drinking and driving cases rely on four different types of evidence - driving patterns, physical signs of intoxication, field sobriety test results, and chemical tests. Fortunately, all of the prosecutor's evidence can be effectively challenged by an experienced Marin County, California drunk driving defense attorney.

The accused motorist's driving patterns prior to arrest are part of the prosecutor's case in a Marin County, California DUI / DWI case. However, if the arresting officer testifies about behavior such as speeding that isn't a recognized DUI / DWI driving pattern by the National Highway Traffic Safety Administration (NHTSA), the arrest may not be valid. An experienced defense lawyer will attempt to suppress evidence gathered during a traffic stop prompted by speeding because the arrest likely lacked probable cause.

The arresting officer will also describe any physical signs or symptoms of intoxication exhibited by the driver. These so-called signs of intoxication include red, watery eyes and slurred speech. But clearly these so-called physical symptoms of intoxication can be triggered by conditions that have nothing to do with alcohol intoxication, such as illness, allergies, or even fatigue.

The arresting officer will also describe the accused driver's performance on a field sobriety test. Field sobriety tests are open to challenge because they are notoriously subjective, and only the officer's opinion determines whether a driver "passes" or "fails." This evidence is challenged under a very simple precept - when it comes to alcohol intoxication, mental impairment always occurs before physical impairment. Drivers with a high tolerance for alcohol can mask signs of physical impairment, but mental impairment can never be hidden. Therefore, a driver who displayed physical problems but no mental impairment must have been suffering from a condition unrelated to alcohol use.

Clearly, any number of factors can cause physical impairment, including illness, injury, and fatigue. An experienced Marin County, California DUI / DWI defense lawyer will argue that a motorist who displayed physical problems but no mental impairment could not have been under the influence of alcohol or drugs.

Chemical tests of the driver's blood or breath that indicated a blood alcohol content (BAC) of .08 percent or greater are usually a central piece of evidence in a drunk driving prosecution. However, chemical tests aren't infallible, and neither are the individuals who collect and analyze the samples. A knowledgeable criminal defense attorney will analyze every aspect of the accused driver's chemical test to determine the best plan of attack.

A simple premise guides many effective chemical test challenges - BAC levels often rise significantly in a short period of time because the body continues to absorb alcohol after an individual stops drinking. Hence, a driver who may have been over the legal limit a couple of hours after arrest at the police station could easily have been within the limit when driving.

Refusing to submit to a chemical test after a lawful Marin County, California drinking and driving arrest presents additional challenges, both in court and at the DMV. Every state has an implied consent law that requires every driver arrested for DUI / DWI to take a chemical test to establish BAC. Drivers who refuse chemical tests typically face harsher punishment than those who submit to the test.

Although the prospect of facing a jury in a Marin County, California drinking and driving case may seem daunting, the bottom line is that drunk driving cases can be fought and won. A savvy DUI / DWI criminal attorney will employ a proven defense strategy designed to minimize or even eliminate the negative repercussions of a Marin County, California drunk driving arrest.

The help of an expert defense attorney is crucial after a Marin County, California arrest for driving under the influence, but locating the right lawyer can be challenging. 1800DUILaws can help accused motorist's find a qualified attorney - it's a nationwide network of skilled defense lawyers devoted to safeguarding the rights of accused drunk drivers. 1800DUILaws can help any Marin County, California driver accused of DUI / DWI to locate an experienced local defense lawyer who will fight hard to mitigate the repercussions of a driving under the influence arrest.