DUI / DWI Attorneys San Benito County California

San Benito County, California DUI / DWI arrest can be an embarrassing and frightening experience, and the driver often isn't sure what the next step should be. But time is of the essence after a drunk driving arrest - the accused motorist should have an expert attorney protecting his or her rights from the start.

A drinking and driving conviction carries serious repercussions that may include fines, driver's license suspensions, and perhaps even a jail sentence. But the harsh consequences of a drunk driving conviction aren't unavoidable. An experienced San Benito County, California criminal defense attorney from 1800DUILaws.com will fight for the driver's rights and seek a favorable resolution to any drinking and driving charge.

Many accused drunk drivers are understandably nervous about the prospect of facing a jury of their peers, but it's definitely in the motorist's best interests to fight the charges. Sometimes gaining a better understanding of how driving under the influence cases are prosecuted can help to put the accused driver's mind at ease.

Every San Benito County, California DUI / DWI case is prosecuted using four categories of evidence - driving patterns, physical symptoms of intoxication, field sobriety test results, and chemical test results. This evidence may appear overwhelming, but it doesn't equal an automatic conviction - far from it. Every item of evidence the prosecutor presents in a drinking and driving case can be effectively challenged by a skilled San Benito County, California drunk driving defense attorney.

The arresting officer is usually the first prosecution witness called to the stand in a San Benito County, California drunk driving case. The officer will be asked about the motorist's driving patterns just before the traffic stop was initiated. Specific driving patterns are associated with impaired motorists, including driving too slowly, abrupt braking, and weaving from lane to lane. However, many scenarios that have nothing to do with alcohol use can explain this behavior - the driver may have been briefly distracting while reaching for something on the floor and inadvertently drifted between lanes.

It's interesting to note that if the arresting officer testifies that he or she initially pulled the driver over for speeding, there may not have been probable cause to make an arrest, and any evidence gathered may be excluded at trial. Speeding isn't recognized as a drunk driving pattern by the National Highway Traffic Safety Administration (NHTSA).

The arresting officer will next describe any physical signs of alcohol use observed in the motorist. Symptoms of intoxication that the officer might cite include slurred speech, red, watery eyes, or an odor of alcohol. But obviously, these so-called symptoms of alcohol intoxication could stem from conditions that were completely unrelated to alcohol use, such as illness, allergies, or even fatigue.

The driver's field sobriety test performance is another item of prosecution evidence in a San Benito County, California DUI / DWI case. This evidence can be effectively challenged because field sobriety tests are notoriously subjective - whether the driver "passes" or "fails" depends entirely on the officer's opinion. Successful challenges to field sobriety tests are often grounded in a simple concept - when a driver becomes intoxicated, mental impairment always occurs before physical impairment. Drivers with an extremely high tolerance for alcohol can often disguise the resulting physical impairment, but mental impairment can't be masked.

By that token, a motorist who were unable to perform physical aspects of a field sobriety test correctly, but who displayed no mental impairment, can't have been under the influence of alcohol. The driver's physical impairment could have been caused by many factors unrelated to alcohol use, such as illness, an injury, or even fatigue, when he or she "failed" the test.

Chemical tests are key evidence in any San Benito County, California driving under the influence prosecution, but a test result that indicates a blood alcohol content (BAC) of .08 percent or greater can be challenged. Blood and breath tests aren't infallible, and neither are the people who perform them. A skilled DUI / DWI defense attorney will analyze every detail of a driver's chemical test and devise an appropriate challenge.

A driver's BAC can fluctuate greatly over a short period of time, because the body continues to absorb alcohol after ingesting the last drink. Therefore, a driver who "failed" a chemical test at the police station could easily have been within the legal limit when behind the wheel.

Refusing to take a chemical test after a San Benito County, California DUI / DWI arrest presents additional complications for the driver, both in court and at the DMV. Each state has an implied consent law, which dictates that every suspected drunk driver must submit to a chemical test after a valid arrest.

Despite the volume of evidence presented by prosecutors in San Benito County, California driving under the influence cases, a DUI / DWI conviction is far from inevitable. A skilled San Benito County, California DUI / DWI defense lawyer will work hard to protect the accused driver's rights and obtain the most favorable outcome in a drinking and driving case.

But finding a qualified defense attorney can be challenging, particularly if it's the driver's first encounter with the criminal justice system. 1800DUILaws is a national network of expert criminal defense lawyers who are dedicated to protecting accused drunk drivers' rights. 1800DUILaws will help any San Benito County, California driver locate an aggressive local defense attorney who will work hard to minimize the negative consequences of a DUI / DWI arrest.