Santa Clara County California DUI / DWI Attorneys and Lawyers

It can happen without warning - suddenly a driver sees flashing red and blue lights in the rearview mirror, and before long the motorist is under arrest for DUI / DWI. Negotiating the criminal justice system after a Santa Clara 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 will expertly guide the accused driver through every aspect of a drunk driving case, from bail to trial.

The consequences of a Santa Clara County, California drunk driving conviction are extremely harsh - the punishment includes fines, license suspensions, probation, and sometimes even jail time. The stakes in a driving under the influence case are extraordinarily high, so it's imperative to have an expert criminal defense attorney at the accused driver's side.

Four distinct types of evidence are introduced by prosecutors pursuing Santa Clara County, California drinking and driving cases - driving patterns, physical signs of intoxication, field sobriety test results, and chemical tests. Fortunately, experienced Santa Clara County, California drunk driving defense attorneys have many proven defense strategies designed to rebut the prosecutor's evidence and create reasonable doubt in the minds of jurors.

The accused motorist's driving patterns prior to arrest will be used as evidence in a Santa Clara County, California driving while intoxicated prosecution. However, the arresting officer may testify that the driver exhibited behavior such as speeding that isn't recognized as a DUI / DWI driving pattern by the National Highway Traffic Safety Administration. 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 will testify about any physical symptoms of intoxication, such as red, watery eyes and slurred speech, which were exhibited by the driver during the arrest. But clearly the so-called physical signs of alcohol use can be traced to many conditions that have nothing to do with alcohol intoxication, such as illness, allergies, or even fatigue.

The driver's field sobriety test performance will be a central item in the prosecutor's evidence in a Santa Clara County, California driving while intoxicated case. However, field sobriety tests are notoriously subjective, because the officer's opinion alone dictates whether the driver "passes" or "fails." Field sobriety test challenges are based on a very simple precept - alcohol intoxication always causes mental impairment before physical impairment occurs. Physical impairment can be disguised by drivers with a high alcohol tolerance, but mental impairment can never be disguised. Therefore, a driver who experienced physical problems but displayed no mental impairment must have been suffering from a condition unrelated to alcohol use.

Clearly, there are many conditions that can cause physical impairment, including illness, injury, or even fatigue. A knowledgeable Santa Clara County, CaliforniaDUI / DWI defense lawyer will argue that a motorist who exhibited physical difficulties but no mental impairment could not have been under the influence.

Chemical tests of the driver's blood or breath that indicated a blood alcohol content (BAC) of .08 percent or greater are considered powerful evidence in Santa Clara County, California drunk driving prosecution. However, the individuals who collect and analyze chemical tests aren't infallible. A savvy DUI / DWI defense attorney will carefully analyze the accused driver's chemical test to determine the best approach to challenge it.

Drivers who refused to consent to a chemical test after a valid Santa Clara County, California driving under the influence arrest may face additional complications both in court and at the Department of Motor Vehicles. 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.

Even though the evidence in a Santa Clara County, California drinking and driving prosecution seems overwhelming, every shred of evidence can be challenged. A skilled DUI / DWI criminal attorney can outline a proven defense strategy designed to keep the negative repercussions of a Santa Clara County, California drunk driving arrest to a minimum.

Expert legal help is imperative after a Santa Clara County, California drunk driving arrest, but finding the right attorney can be a challenge. 1800DUILaws is a national association of skilled DUI / DWI defense attorneys who devote themselves to safeguarding the rights of accused drunk drivers. 1800DUILaws can help any Santa Clara County, California driver locate an experienced local defense lawyer who will fight hard to mitigate the repercussions of a driving under the influence arrest.