DUI / DWI Attorneys and Lawyers Tulare County California

Fast legal action to protect the driver's rights is imperative after a Tulare County, California DUI / DWI arrest. The driver faces consequences that include fines, driver's license suspensions, and perhaps even time in jail. A skilled defense attorney from 1800DUILaws.com will safeguard the driver's rights and push for a favorable resolution to any drinking and driving charge.

Facing a jury in a Tulare County, California DUI / DWI case may seem like a terrifying prospect, but it's possible to fight a drunk driving charge and win with the help of an expert attorney. For many accused motorists who fear the prospect of going to trial, learning how driving under the influence cases are pursued helps to ease their concerns.

Tulare County, California drunk driving prosecutions are driven by four categories of evidence - driving patterns, physical signs of intoxication, field sobriety test results, and chemical tests. But this evidence doesn't equal a slam-dunk conviction - far from it. All of the prosecutor's evidence in a drinking and driving case can be effectively challenged by a skilled  Tulare County, California drunk driving defense attorney.

The motorist's driving patterns prior to being pulled over will be included in the arresting officer's testimony. Some of the driving patterns associated with DUI / DWI include driving too slowly, abrupt braking, and weaving between lanes. However, there are many situations that have nothing to do with alcohol that could have prompted this behavior - the driver may have been briefly distracting while adjusting the radio and inadvertently drifted between lanes.

If the arresting officer testifies that speeding was the reason he or she pulled the driver over, the arrest may have lacked probable cause. Speeding isn't recognized as a drunk driving pattern by the National Highway Traffic Safety Administration (NHTSA). A skilled Tulare County, California defense attorney will move to suppress any evidence gathered during a traffic stop.

The arresting officer will also testify about any physical symptoms of alcohol intoxication noted in the driver. The signs of intoxication might include red, watery eyes, slurred speech, or an odor of alcohol. But the so-called signs of intoxication can be traced to conditions that have nothing to do with alcohol use, including illness, allergies, or even fatigue.

The driver's performance on a field sobriety test will also be used as prosecution evidence in a Tulare County, California drunk driving case. Field sobriety tests are extremely subjective, because whether the driver "passes" hinges solely on the officer's opinion. Challenges to this type of evidence are built upon a very simple concept - when an individual becomes intoxicated, mental impairment always occurs before physical impairment takes place.

Individuals with a high tolerance for alcohol are often able to disguise physical impairment, but mental impairment can never be masked. Because of this, a motorist who demonstrated physical difficulties but displayed no mental impairment cannot have been impaired by alcohol.

The physical problems that interfere with field sobriety test performance can be caused by any number of factors. The driver may have been afflicted with illness, an injury, or even fatigue when he or she "failed" the test. An experienced  Tulare County, CaliforniaDUI / DWI defense lawyer will establish that a driver who experienced physical difficulties but no mental impairment could not have been under the influence of alcohol or drugs.

Chemical tests of the driver's blood or breath play a central role in any Tulare County, California driving under the influence prosecution. But chemical tests that indicate a blood alcohol content (BAC) of .08 percent or greater can be effectively challenged. Chemical tests aren't infallible, and neither are the individuals who collect and analyze the samples. A skilled Tulare County, CaliforniaDUI / DWI defense attorney will examine the driver's chemical test from every angle to determine an effective strategy to challenge it.

A successful challenge to a chemical test is often based on the simple concept of time. An individual's BAC can rise significantly in a relatively short period of time, because his or her body continues to absorb alcohol after taking that last drink. Therefore, a driver whose chemical test showed that he or she was above the legal limit at the police station could easily have been within the limit when behind the wheel.

Drivers who refuse chemical tests following Tulare County, California drunk driving arrests face additional problems in court and at the DMV. All states have implied consent laws, meaning that motorists accused of driving under the influence of alcohol or drugs must take a chemical test after a valid arrest. Drivers who refuse to submit to a chemical test face harsher punishment than those who submit.

Ultimately, it's possible to fight a drunk driving charge and win, but only with expert legal representation. A skilled  Tulare County, California defense attorney will work hard to protect the accused driver from the harsh repercussions of a driving while intoxicated arrest.

Finding a qualified defense attorney can be a challenge, especially if it's the driver's first brush with the law. 1800DUILaws is a national network of dedicated defense lawyers who concentrate on aggressively defending accused drunk drivers. 1800DUILaws can assist any Tulare County, California driver in locating an experienced local defense attorney who will work hard to protect the driver's rights and minimize the repercussions of a DUI / DWI arrest.