DUI / DWI Attorneys San Diego County California

Getting arrested for drunk driving in San Diego County, California can be an embarrassing and frightening experience, and the driver often doesn't know which way to turn. The most critical issue is finding an expert attorney to protect the driver's rights. 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 Diego 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.

For many accused drunk drivers, the prospect of facing a jury of their peers is nerve-wracking, but it's definitely in the motorist's best interests to fight. Many individuals who are nervous about going through a drunk driving trial can ease their concerns by gaining a better understanding of how driving under the influence cases are prosecuted.

San Diego County, California DUI / DWI cases are prosecuted using four types of evidence - driving patterns, physical signs of intoxication, field sobriety test results, and chemical tests. While this evidence may appear compelling, it doesn't mean the driver faces an automatic conviction - far from it. Every item of prosecution evidence in a drinking and driving case can be effectively challenged by a skilled San Diego County, California drunk driving defense attorney.

The arresting officer will likely be the first prosecution witness called to the stand in a San Diego County, California drunk driving trial. He or she will be asked about the accused motorist's driving patterns prior to being pulled over. Certain driving patterns are associated with DUI / DWI, including driving too slowly, abrupt braking, and swerving from lane to lane. However, there are many circumstances unrelated to alcohol that can explain this behavior - the driver may have been briefly distracting while adjusting the radio and inadvertently drifted between lanes.

If the arresting officer testifies that he or she pulled the suspected drunk driver over for speeding, the officer may not have had probable cause to make an arrest, and any evidence gathered may be suppressed. Speeding isn't recognized as a drunk driving pattern by the National Highway Traffic Safety Administration (NHTSA).

The arresting officer will then testify about any physical symptoms of alcohol use he or she observed in the motorist. The signs of intoxication that the officer might cite include slurred speech, red, watery eyes, or an odor of alcohol. But clearly these so-called symptoms of alcohol intoxication could have been caused by conditions that have nothing to do with alcohol use, such as allergies, illness, or even fatigue.

The motorist's field sobriety test performance will also be used as prosecution evidence in a San Diego County, California driving under the influence case. Field sobriety tests can be effectively challenged because they are highly subjective - whether the driver "passes" depends solely on the officer's opinion. Challenges to this type of evidence are based on a simple premise - when a driver becomes intoxicated, mental impairment always occurs before physical impairment takes place. Individuals with an extremely high tolerance for alcohol can often mask physical impairment, but mental impairment can't be disguised. Hence, a motorist who were unable to perform physical aspects of a field sobriety test but who displayed no mental impairment cannot have been impaired by alcohol.

Physical impairment that prevents the driver from correctly performing field sobriety tests can be caused by many factors unrelated to alcohol use. The motorist might have been suffering from illness, an injury, or even fatigue when he or she "failed" the test.

Chemical tests are a central piece of evidence every San Diego County, California driving under the influence prosecution, but a test result that indicates a blood alcohol content (BAC) of .08 percent or greater is open to challenge. Blood and breath tests are prone to error, and so are the people who collect and analyze the samples. A skilled DUI / DWI defense attorney will analyze every detail of a driver's chemical test and devise an appropriate challenge.

The simple concept of time is the basis for many effective chemical test challenges. A driver's BAC can rise significantly over a relatively short period of time, because his or her 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.

Drivers who refuse chemical tests after a San Diego County, California DUI / DWI arrest face additional consequences, both in court and at the DMV. Each state has implied consent laws, which means that suspected drunk drivers must submit to a chemical test after a valid arrest.

Even though prosecutors present a mountain of evidence in a San Diego County, California driving under the influence case, a conviction isn't inevitable. A knowledgeable San Diego County, California DUI / DWI defense attorney will fight to protect the accused driver's rights and find the best possible outcome in a drinking and driving case.

However, locating the right defense attorney can be a challenge, especially if it's the driver's first brush with the criminal justice system. 1800DUILaws can help - it's a nationwide network of top criminal defense attorneys who aggressively fight for accused drunk drivers' rights. 1800DUILaws can assist any San Diego County, California driver in finding a qualified local defense lawyer who will work hard to minimize the repercussions of a DUI / DWI arrest.