DUI / DWI Attorneys and Lawyers Yolo County California
No one sees a DUI / DWI arrest coming - suddenly the driver spots red and blue flashing lights in the rearview mirror and before long, he or she is in handcuffs. Many motorists don't know where to turn after being arrested for driving under the influence. A skilled defense attorney from 1800DUILaws.com will represent the driver's rights in every aspect of a Yolo County, California drunk driving case.
Taking a drunk driving case to trial can seem like a terrifying prospect, but it's helpful to gain a thorough understanding of how driving under the influence cases are pursued. Yolo County, California DUI / DWI prosecutions are based on four types of evidence - driving patterns, physical signs of intoxication, field sobriety test results, and chemical tests. This evidence may seem insurmountable, but it's not - every item of evidence can be aggressively challenged by a skilled local Yolo County, California drunk driving defense attorney.
The motorist's driving patterns prior to being pulled over will be a key piece of evidence in a Yolo County, California driving under the influence case. Driving patterns associated with DUI / DWI include driving too slowly, abrupt braking, and weaving between lanes.
If the arresting officer cites speeding as the reason why he or she stopped the accused motorist, the arrest may not be valid. Speeding isn't a recognized drunk driving pattern, according to the National Highway Traffic Safety Administration (NHTSA). A knowledgeable Yolo County, California DUI / DWI defense attorney will move to have any evidence gathered during a traffic stop prompted by speeding excluded because the arrest likely lacked probable cause.
Physical symptoms of alcohol intoxication, such as red, watery eyes and slurred speech, are also used as prosecution evidence in Yolo County, California driving while intoxicated cases. But these so-called symptoms of intoxication can stem from conditions unrelated to alcohol use, such as allergies, illness, or even fatigue.
The driver's performance on a field sobriety test will also be part of the arresting officer's testimony in a Yolo County, California drunk driving prosecution. However, field sobriety tests are notoriously subjective, because whether a driver "passes" or "fails" is based solely on the officer's opinion. Field sobriety test challenges are typically based on a very simple concept - the knowledge that alcohol intoxication causes always mental impairment before physical impairment takes place.
Individuals with a high tolerance can often hide any physical impairment, but mental impairment can never be masked. Therefore, a driver who was experiencing physical difficulties but who exhibited no mental impairment during a field sobriety test couldn't have been legally intoxicated.
Clearly, there are many conditions that are completely unrelated to alcohol use that can trigger the kind of physical problems that interfere with field sobriety test performance. The driver may have been suffering from illness, injury, or fatigue when he or she took the test. An experienced Yolo County, California DUI / DWI defense lawyer will establish that a motorist who exhibited physical impairment but who was mentally acute could not have been under the influence of alcohol or drugs.
Chemical tests of the driver's blood or breath that indicate a blood alcohol content (BAC) of .08 percent or greater may seem like a damning piece of evidence in a Yolo County, California drunk driving prosecution. But chemical tests aren't error-proof, and the individuals who collect and analyze the samples sometimes make mistakes. A skilled Yolo County, CaliforniaDUI / DWI defense attorney will thoroughly examine the accused driver's chemical test to determine the most appropriate challenge.
Successful chemical test challenges are often based on the simple premise of timing. A driver's BAC can fluctuate significantly in a relatively short period of time, because his or her body continued to absorb alcohol after taking that last drink. Because of this, a driver who exceeded the legal limit at the police station could easily have been within the limit when driving.
Chemical test refusals can create additional problems for the driver after a Yolo County, California drinking and driving arrest. All 50 states have implied consent laws that require drivers arrested for DUI / DWI to submit to a chemical test to ascertain BAC. Drivers who refuse to submit to a chemical test face harsher punishment than those who submit to the test.
Keep in mind that it is possible to fight a Yolo County, California drunk driving charge with the help of the right lawyer. A knowledgeable DUI / DWI criminal defense attorney may be able to minimize or even eliminate the harsh consequences of a driving under the influence arrest.
Having the right legal representation after a Yolo County, California drunk driving arrest is crucial, but finding the right attorney can be a challenge. However, 1800DUILaws can help- it's a national network of talented defense lawyers who focus on successfully defending accused drunk drivers. 1800DUILaws can help any Yolo County, California driver find an experienced local defense lawyer who will work hard too protect the driver's rights and create reasonable doubt in the minds of jurors.
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