Fighting Against a Charge of DUI in California

Janson Cody March 26, 2016 Comments Off on Fighting Against a Charge of DUI in California
Fighting Against a Charge of DUI in California

Most people have the belief that because they have already been charged with an offense of DUI or DWI, they have little to no option but to accept the charge as is.

Nevertheless, believing that you have absolutely no chance to win a DUI case is in fact a misconception. There are numerous ways to beat a DUI/ DWI charge.

You should take full advantage of having all the details pertaining to your arrest examined professionally by the best DUI attorney in San Diego CA, providing you were caught within this area.

When attempting to defend a DUI or DWI arrest charge, timing is of the utmost in terms of obtaining proper legal help. Outlined below are three of the most effective steps on how to beat a California DUI.

Among the most commonplace ways to beat a California DUI/ DWI charge is by being able to demonstrate:

  • Mistake in procedure by the arresting officer.
  • An invalid reason for the stop.
  • A variety of other factors.

DWI charge

The Breath Test

The breath test that is used by a police officer during a DUI arrest does not always provide an accurate reading of blood alcohol content (BAC) level. If a positive reading is made, it’s enough grounds for an arrest to be made, after which, you will be given an official breath analysis with different breath test apparatus.

It is this result that will typically be relied upon to then establish the BAC reading. This practice occurs within the police station, and it does not always signify that your BAC level whilst driving was indeed over the limit.

Thus, being aware of the time you were stopped and the subsequent time for further testing is very important in that it might provide methodology for your DUI attorney to beat the charges.

Blood or Urine Test

Some circumstances dictate the police opting to utilize a blood or urine sample rather than a breath test. The legislation surrounding the governance of taking samples of urine and blood are particularly strict, and it’s commonplace for mistakes to be made.

Through the examination of your case details, which should be conducted sooner rather than later, if it were found that mistakes have been made, your attorney can fight to beat your case.

Facing a DUI Refusal

If you are facing a DUI refusal, given that you failed to agree to the provision of a specimen after the arrest, you will be facing a likely license suspension, together with some potentially hefty fines.

Again, however, if the procedure was incorrectly conducted, or if you as the defendant had good reason to fail to provide a specimen, your attorney can fight in favor of your case.

Your Current Scenario

Upon arrest for DUI in California, most individuals immediately enter a guilty plea. However, more latterly, they lean that they did in fact have a relatively strong defense and that they may have won their case. There could even be a minor detail that would be enough to avoid conviction of a DUI offense.

Once a skilled DUI attorney has reviewed the details surrounding your arrest, they will be able to assess your options in order to fight your case. They can either have your case thrown out of court in entirety, or they can plea bargain for you, which means you will, given that your attorney is successful, receive lesser charges than you are currently facing for your crime.

A DUI/ DWI in California, as in any state, is considered a particularly serious matter. Even for a first offense, it may very likely result not only in a criminal conviction, but also in large fines, a period of license suspension, your vehicle being fitted with an ignition interlock device, and the possibility for probation and attendance to an alcohol rehabilitation program for a minimum three-month period.

With respect to this, you should never plead guilty to DUI/ DWI charges simply as a way to “get it over with.” Instead, you should always engage the services of an experienced DUI attorney. This way, you will learn if the prosecution can actually prove their case, or if the case is lacking in sufficient evidence that would be required for a conviction to be made.

Should there be any detail of evidence that can be shown to be invalid, or if there are any errors made during your arrest and those errors can be proven, the charges of DUI made against you will be either dismissed or reduced.

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