Merced County California DUI / DWI Attorneys & Lawyers

The consequences of a Merced County, California DUI / DWI arrest are becoming more severe with every passing year - the repercussions may include fines, license suspensions, probation, and even jail time. Because the stakes are so high in a driving under the influence case, it's essential to have an expert criminal defense attorney protecting the driver's rights after a Merced County, California drunk driving arrest.

Negotiating the criminal justice system after a Merced County, California DUI / DWI arrest is a frightening and frustrating experience unless the driver has a skilled attorney at his or her side. An experienced local attorney from 1800DUILaws.com can explain every aspect of a drunk driving case, from bail to trial.

Prosecutors generally rely on four types of evidence when pursuing a Merced County, California drinking and driving case - driving patterns, physical signs of intoxication, field sobriety test results, and chemical tests. But even though this evidence may seem overwhelming, an experienced Merced County, California drunk driving defense attorney is well-versed in proven defense strategies designed to disprove the prosecutor's evidence and create reasonable doubt in the minds of jurors.

The arresting officer's testimony about the accused motorist's driving patterns prior to arrest will be used as evidence in a Merced County, California drunk driving prosecution. However, the arresting officer may describe behavior that isn't recognized as a DUI / DWI driving pattern by the National Highway Traffic Safety Administration.

For example, one of the most common reasons police pull drivers over - speeding - is not recognized as a DUI / DWI driving pattern by the NHTSA. A skilled defense attorney will argue that any traffic stop initiated in pursuit of a speeding driver lacked probable cause, and that any evidence seized should be suppressed.

The arresting officer in a Merced County, California DUI / DWI case will also be asked to testify about any physical symptoms of intoxication displayed by the driver. But clearly the so-called physical signs of alcohol use, which include red, watery eyes and slurred speech, can be attributed to many factors unrelated to alcohol use, such as illness, allergies, or even fatigue.

The driver's performance on a field sobriety test will also be part of the prosecutor's evidence in a Merced County, California driving while intoxicated case. The good news is that field sobriety tests are notoriously subjective, because the officer's opinion alone dictates whether the driver "passes" or "fails."

Challenges to field sobriety tests are usually based on a very simple principle - alcohol intoxication always causes mental impairment before physical impairment. Physical impairment is often masked by drivers with a high tolerance for alcohol, but mental impairment can never be disguised. A driver who displays physical problems but no mental impairment must have been suffering from a condition unrelated to alcohol intoxication.

Obviously, many conditions can contribute to physical impairment, including injury, illness, or even fatigue. A skilled Merced County, CaliforniaDUI / DWI defense attorney will establish that a driver who exhibited physical problems but no mental impairment could not have been under the influence.

A chemical test of the driver's blood or breath that indicated a blood alcohol content (BAC) of .08 percent or greater is usually the lynchpin of a prosecutor's Merced County, California drunk driving case. However, chemical tests aren't infallible, and neither are the individuals who collect and analyze the samples. A skilled defense lawyer will thoroughly analyze the accused driver's chemical test results to determine the appropriate challenge. BAC levels can rise considerably in a short period of time, so 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 Merced County, California drunk driving arrest may involve additional challenges for the accused driver both at the Department of Motor Vehicles and in court. All states have implied consent laws that require any driver arrested for DUI / DWI to submit to a chemical test to establish BAC. A driver who refuses to take a chemical test generally faces harsher punishment than one who submits to the test.

Although the evidence in a Merced County, California drinking and driving prosecution may seem overwhelming, all of it is open to challenge. A skilled DUI / DWI criminal attorney will devise an individualized defense strategy designed to keep the negative consequences of a Merced County, California drunk driving arrest to a minimum.

1800DUILaws.com is a national directory of skilled DUI / DWI defense attorneys and informative articles about every aspect of a drunk driving case. 1800DUILaws.com can help any Merced County, California driver to find an experienced local defense lawyer who will fight hard for the driver's rights and mitigate the repercussions of a driving under the influence arrest.