If your blood alcohol has been measured at over the legal limit, a knowledgeable Upland DUI attorney can take steps to challenge the admissibility of this evidence.
If you have been stopped for a DUI, the police officer may have required you to submit to a field sobriety test or breath test to gauge your level of intoxication. Once arrested, a chemical test is usually performed with either a breath or blood test to determine if you are above the legal limit of .08 percent blood alcohol content (BAC). If your test reveals a BAC over the legal limit, what can you do? In this situation, a skilled Upland DUI attorney can explore options for resolving your DUI case — including possibly getting the charges dismissed.
What Is a Motion to Suppress?
A motion to suppress evidence is a legal document that an attorney can file with the court, asking a judge to keep certain evidence out of the case. Both the prosecutor and the defense attorney will make arguments based on the law, and the judge will make a decision.
In a DUI case, a motion to suppress will often challenge the results of the chemical tests that determined BAC. These motions usually focus on whether or not the test (blood or breath) was properly performed. Chemical tests for DUIs have strict guidelines; if they aren’t followed, the evidence will likely be suppressed. An experienced Upland DUI attorney will be highly familiar with these rules, and may be able to argue that the test did not comply with the guidelines, so the evidence must be suppressed as a result. In some cases, evidence gathered as result of the test could also be suppressed, which may lead to dismissal of the charges.
Many drivers believe that chemical test results showing a BAC of over .08 percent will result in an automatic conviction. This is simply not the case. A criminal defense attorney who specializes in DUI defense can challenge the admissibility of this evidence, which will ultimately improve the chances of either having the charges dismissed or getting a not guilty verdict at trial.
Why You Need an Upland DUI Attorney
Handling DUI offenses requires specialized knowledge. This could include everything from the rules regarding taking chemical tests to factors that could affect BAC results (such as special diets, medical conditions, and more). Defending DUI cases requires a thorough understanding of complex administrative and criminal laws, as well as the science behind how the body processes alcohol and how blood alcohol content is determined. If you have been charged with a DUI, hiring an experienced Upland DUI attorney will give you peace of mind, knowing that your attorney knows the ins and outs of the DUI process, including how to have chemical test results suppressed.
If you have been charged with a DUI offense in Upland, don’t hesitate to contact the Chambers Law Firm. Attorney Dan E. Chambers has decades of experience in the law, with a focus on DUI defense. He is well-equipped to resolve DUI cases quickly and as favorably as possible. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
