DUI / DWI Lawyers Nevada County California

Nevada County, California DUI / DWI arrests happen quickly, and the driver is suddenly handcuffed in the back of a police cruiser and forced to submit to a field sobriety test, breath, blood, or urine test. Drunk driving laws are becoming more draconian all the time, so any motorist accused of driving under the influence needs a skilled criminal defense attorney to protect his or her rights.

Prosecutors rely on four types of evidence in a Nevada County, California DUI / DWI prosecution - driving patterns, field sobriety test results, physical signs of intoxication, and chemical tests. However, while police and prosecutors like to think of this evidence as airtight proof of guilt, the truth is that every shred of evidence in a drunk driving case can be effectively challenged. A skilled attorney who concentrates on drinking and driving cases will aggressively question each item of evidence in a driving under the influence case and create reasonable doubt in the minds of jurors.

The arresting officer will typically be called on to testify about the motorist's driving patterns prior to the traffic stop. The driving patterns associated with DUI / DWI include weaving between lanes, driving too slowly, or abrupt braking and acceleration. However, speeding - one of the most common reasons police stop drivers - isn't recognized as a drunk driving pattern by the National Highway Traffic Safety Administration. An experienced Nevada County, California criminal defense attorney will argue that any evidence gathered during a speeding stop should be excluded as evidence.

Field sobriety test results can also be compelling evidence in a Nevada County, California DUI / DWI prosecution. However, field sobriety tests shouldn't even be called tests, because they're designed to be failed. They exist solely to establish probable cause to make an arrest and provide evidence for a court prosecution. Three field sobriety tests are standardized by the National Highway Traffic Safety Administration (NHTSA) recognizes - the horizontal gaze nystagmus test, the walk and turn test, and the one-leg stand test. Non-certified field sobriety tests are so unreliable that they carry less weight in court than standardized tests.

Although field sobriety tests are used prominently by prosecutors, a skilled Nevada County, California DUI / DWI criminal defense attorney can use the same evidence to prove that the driver was not impaired. Challenges to field sobriety tests are driven by a simple principle - alcohol always causes mental impairment always before physical impairment occurs. Physical impairment can be masked by drivers with a high tolerance for alcohol, but mental impairment can never be disguised. If a driver showed physical impairment but no mental impairment, any physical difficulties must have stemmed from something other than alcohol use.

Physical impairment can stem from many conditions other than alcohol intoxication, including illness, injury, or fatigue. A Nevada County, California drunk driving defense lawyer who focuses on DUI / DWI cases can determine whether any physical impairment shown by the driver was caused by factors other than alcohol use.

The arresting officer's observations of any physical signs and symptoms associated with alcohol intoxication are also used as evidence in a Nevada County, California DUI / DWI case. However, these "symptoms," including slurred speech and watery, irritated eyes, can stem from any number of factors besides alcohol intoxication, including allergies, illness, and fatigue.

A blood or breath test showing a blood alcohol content (BAC) of .08 percent or greater can be damning prosecution evidence in a Nevada County, California drunk driving case. However, chemical test results are open to interpretation. An experienced DUI / DWI defense attorney can attack both the accuracy and the procedures used in a chemical test. Alcohol levels can fluctuate greatly over a short period of time, so a driver who exceeded the legal limit at the police station could well be within the legal limit when behind the wheel.

Refusing to submit to a chemical test after a Nevada County, California DUI / DWI brings additional complications both in court and at the state motor vehicle department. The state's implied consent law mandates that any motorist arrested for drunk driving must submit to a chemical test of the blood, breath, or urine to determine BAC. Drivers who refuse the test can be punished with longer driver's license suspensions and/or additional criminal penalties.

Because the penalties are so severe, there are many advantages to fighting a Nevada County, California DUI / DWI charge in court. Remember, a drunk driving arrest doesn't equal an automatic conviction. Here's the best reason to fight the charges - a driver who pleads guilty to DUI / DWI has a 100 percent chance of being convicted, but a motorist who puts up a fight may walk away without a criminal record.

The evidence in a drunk driving prosecution may seem compelling, but all of it, from blood or breath test results to field sobriety tests, can be effectively challenged by an experienced Nevada County, California DUI / DWI attorney. A skilled defense lawyer will dismantle the prosecutor's case and create reasonable doubt in the minds of jurors. 1800DUILaws.com is a directory of top-notch local criminal defense attorneys who are prepared to aggressively fight drunk driving charges with proven defense strategies.