After an arrest for DUI in California, you are innocent until the prosecutor proves beyond a reasonable doubt that you are guilty. The prosecutor has a high burden of proof. If you have an experienced Indian Springs DUI attorney, the attorney can identify doubts and flaws by challenging the prosecutor's evidence against you. The prosecutor must have adequate evidence to prosecute you for a DUI offense, as outlined under California VC 23152. Some of the factors that your attorney can challenge include the breathalyzer BAC tests, police errors in DUI testing, your pre-existing medical conditions, and other possible DUI defenses. San Diego DUI Attorney defends people charged with DUI offenses in California.
Beating a DUI If You Were Over the Legal BAC Limit
When the prosecutor accuses you of committing a DUI offense in California, you must have the courage to stand and face the charges with the help of your attorney. You should not just give up and plead guilty to the offense, even if your blood alcohol content was above the legal limit. There are many tools available to help you fight the DUI charges. The tools include an experienced Indian Springs DUI attorney and the wide array of DUI offenses in California.
The prosecutor has to adhere to strict deadlines from the time of your DUI arrest. For instance, after the arrest, the law requires the police to process you through the system or to bring you before a judge. If the arresting officer fails to adhere to these requirements, it might lead to dismissal of your case.
The next step is the arraignment and receiving a DUI charge. If you plead not guilty and you are released on bail or your own recognizance, the prosecutor will have up to 45 days to bring you to trial. Again, if the prosecutor fails to bring you to trial within the stipulated time, it might lead to dismissal of your case. In most cases, the prosecutor may not be able to organize the DUI case against you in time. Your attorney can seize this opportunity to request the judge to dismiss your charges.
There is always hope for a DUI case. The judge may dismiss your case if the evidence of your alleged DUI offense is not adequate. Your attorney can file a motion and request the judge to dismiss the evidence presented against you. This is mainly the case if the prosecutor obtained the said evidence illegally. For instance, the police may have made an illegal traffic stop without having a probable cause as required by the law. If the judge finds that the police’s behavior was inappropriate at the time of DUI arrest, the judge may dismiss your DUI charges.
If the evidence obtained through field sobriety tests, blood, and breath tests are inappropriate, your attorney may request for dismissal of this evidence. If the judge grants the attorney's motion, the prosecutor will not have evidence to prove beyond a reasonable doubt that you committed the said offense. The judge may dismiss your case at this stage.
Challenging DUI Evidence During Trial
You should not give up if your case proceeds to trial. Even during the trial, your Indian Springs DUI attorney can still defend you. Also, if your BAC results indicate that you were above the legal limit at the time of arrest, you can still face the charges. The chances are that your DUI attorney has handled numerous cases that are similar to your case. Therefore, your attorney will feel at home in the courtroom and will know how to defend you. The prosecutor may lose credibility when the attorney questions him/her about how he/she gathered the evidence against you. If the prosecutor loses credibility, it increases your chance of winning the DUI case.
During the trial, your attorney will prevent any unreliable evidence against you from getting to the judge. While in court, the prosecutor will aim to bring ugly evidence against you and make you appear guilty in front of the judge. It is important to note that the DUI breath and blood tests are intricate. The prosecutor may not be able to prove beyond doubt that the results obtained from such tests are trustworthy and reliable. If your attorney can challenge the DUI test results, you can beat the DUI charge.
Even after presenting the evidence of a DUI chemical test to the judge, the prosecutor will still have to explain the results. If the prosecutor administered the DUI chemical test an hour after the DUI arrest, the results might not be credible. The results would not portray an accurate picture of the driver's alcohol level at the time of driving. The prosecutor must prove that you were driving and that at the time of driving, your blood alcohol content was above the legal limit.
You may also win a DUI case based on the proper functioning of the breath and blood testing equipment. Strict regulations exist regarding the maintenance, calibration, and checking of breathalyzer equipment. The technicians in charge of maintaining and calibrating the breathalyzer equipment must have the right qualifications. If the testing machine was not functioning properly at the time of DUI testing, the DUI test results are not reliable. Your attorney could help you beat the DUI charge despite your BAC level if the breathalyzer machines were not functioning well at the time of testing.
The fact that the officers arrested you for DUI should not make you think that you are guilty. Even if your blood alcohol content is above the legal limit, you may be surprised to find out that you are innocent. In reality, it might have been an error in the DUI testing equipment. In this case, you would be free of DUI charges despite the above limit BAC results.
Why You Should Contact a DUI Attorney
If you are wondering whether to hire an Indian Springs DUI attorney to handle your case, the answer is yes. The consequences of a DUI offense in California can be detrimental. A DUI conviction might lead to hefty fines, jail time, and loss of your license. A DUI charge may also affect your daily life or your job negatively. An attorney can help you to retain your driving privileges in California. An attorney can also help you to keep a criminal conviction off your record. It is, therefore, important to ensure that you contact a DUI attorney immediately after your DUI arrest in California.
The Duty of a DUI Attorney
What a DUI attorney will do for you will depend on several factors, including the circumstances of your case. With the help of an attorney, you will be able to relax and let the attorney handle the DUI case. You will have confidence in the fact that the attorney has dealt with similar cases before. You can relax knowing that your case is in good hands. Your attorney will help you to understand the legal process. You will enjoy great peace of mind by understanding the court process. Some of the roles of an attorney include:
The first thing a DUI attorney does is to gather all the available evidence related to your case. There are many sources of evidence, including witness reports, police reports, expert testimonies, and lab results. The attorney will explore any evidence available, including videos and audios gathered at the time of DUI arrest. The attorney aims to review all the available evidence and identify weak points and other issues in the prosecutor's evidence.
Filing Motions to Suppress Evidence
If the attorney finds some weak points in the evidence against you, the attorney may file a motion to suppress the evidence. A competent DUI attorney has adequate training and certification in understanding field sobriety tests and other forms of DUI testing. The attorney will examine the lab analysis of your blood sample and the viability of the breath testing equipment. If the motion to suppress evidence is successful, the judge may dismiss your entire DUI charges.
Representing You During DMV Hearing and Trial
After a DUI arrest in California, you should request a DMV hearing within ten days to prevent the automatic suspension of your driving license. Your DUI attorney can attend the hearing for you. During the hearing, your attorney will negotiate with the DMV to allow you to retain your driver's license. If the attorney succeeds in convincing the DMV, you may retain your driving privileges. However, even if the DMV allows you to keep your driver's license, the court may still suspend your license during the trial.
If your case proceeds to trial, your DUI attorney will present you in court. Your attorney will aim at proving to the judge and jury that the prosecutor has not met the required burden of proof to convict you of a DUI offense.
Negotiating With the Prosecutor
Your DUI attorney can negotiate with the prosecutor to reduce your DUI charges and help you avoid jail time. The prosecutor may be willing to offer you a plea bargain by charging you with a lesser offense than the actual DUI charge. The attorney can request the prosecutor to reduce your criminal charges to avoid a more severe DUI criminal conviction.
Your Options If You Cannot Afford an Attorney
What happens if you cannot afford to hire an Indian Springs DUI attorney? Under California law, you have the right of an attorney even if you cannot afford to hire an attorney. You can get a public defender to handle your case. However, you have to meet certain financial requirements to qualify for a public defender. You may not qualify for a public defender if you do not fall below a set limit for income and savings.
It is advisable to work with your private DUI attorney instead of a public defender. There is no doubt about the fact that a public offender is a licensed and qualified attorney. However, a public defender may have many cases to handle and may not have sufficient resources to offer the ideal services to clients. In some cases, even if you get a public defender, you may still incur attorney fees. The court may order you to pay attorney fees at the end of your case.
Benefits of a Private DUI Attorney
Having your private attorney can help to minimize the time you spend in court. When working with a public defender, you would have to appear to all the set court dates. However, when working with a private counsel, you do not have to be present for all your court dates. For the majority of people, especially busy professionals, a private attorney is convenient. For instance, you will not have to miss work to attend court or a DMV hearing if your private attorney can represent you.
A private attorney will give you personalized attention when handling your case. You will get more one-on-one time with a private attorney than you would with a public defender. You will feel more comfortable with your case because a private attorney will be willing to answer all your questions and address all your concerns.
As long as you can afford it, hiring a private DUI attorney is worth it. You will be able to make all the necessary requests to the attorney. An attorney who specializes in DUI cases will have a vast understanding of California law that a general attorney may not have. With a high level of expertise, the attorney will have a high likelihood of winning your case. A qualified attorney is likely to achieve a better plea bargain and dismissal of your DUI charges.
Many people may dismiss the need for a private DUI attorney. After all, why should you hire a DUI attorney but still get a DUI conviction? You should note that every DUI case is unique. You should not judge the effectiveness of hiring a DUI attorney based on the outcome of other people's DUI cases. In addition, you should not just hire a DUI lawyer. You should go for a lawyer who has the necessary expertise to represent you in court.
Qualities of a Good DUI Attorney
When choosing the right Indian Springs DUI attorney, you should consider several factors. Considering certain factors will help you to choose the right DUI attorney who can meet all your needs. Some of the factors to consider when choosing a DUI attorney include:
It is advisable to go for an attorney who is specialized in handling DUI cases. This attorney will fully understand California DUI laws. This understanding of the law will make it easy for the attorney to fight your DUI charges. The attorney will be able to challenge the evidence the prosecutor presents against you. The attorney will also understand the DMV procedures and California DUI court procedures.
You should never overlook the expertise of your DUI attorney. At the hiring stage, you should feel free to ask about the qualifications the attorney possesses. Do not hesitate to ask the attorney about his/her academic credentials. Which law school did the DUI attorney attend? Is the school licensed and certified to provide legal training? Is the attorney licensed and certified to handle DUI cases in California? These questions can guide you and help you choose the right attorney. A competent attorney will have a vast understanding of California law.
It is wise to work with an experienced attorney who has handled numerous DUI cases before instead of working with an attorney who is just starting. You should ask the attorney to provide you with evidence of previous DUI cases. You may also rely on reviews and testimonials from other clients that the attorney may have represented in court before. Visit the attorney’s website and go through the testimonials from previous customers. If you find positive customer reviews, it may serve as an assurance that the attorney is reliable. The presence of negative comments from unhappy customers should serve as a red flag to you.
It is advisable to work with a local DUI attorney. A local attorney is familiar with the local DUI courts. The attorney may also have encountered the prosecutors and the judges before and will be able to negotiate for you. You do not have to settle for the first local DUI attorney you come across. It is advisable to interact with several attorneys and choose the one who suits you best.
Friendly and Responsive
Fighting a DUI charge in California may be an intricate and lengthy process. Therefore, it is important to choose a DUI attorney with whom you can get along. Ensure that the attorney is responsive and willing to handle all your questions. You should feel free to express all your concerns to the attorney.
It is also important to ensure that you consider the cost of hiring a DUI attorney. Different DUI attorneys in California may charge different prices. However, the cost should not be your main point of focus while choosing an attorney. You should ensure that you choose quality and expertise over cost.
Find a Competent Indian Springs DUI Attorney Near Me
If you are facing DUI charges in California, it is advisable to seek the representation of a competent DUI attorney. San Diego DUI Attorney has experienced DUI attorneys to help you handle your case. Contact us at 619-535-7150 and speak to a qualified attorney.