How Can I Get Evidence Suppressed in My California DUI Case?

If the police violated the law in your DUI stop, you could have that evidence thrown out of court

If the police violated the law in your DUI stop, you could have that evidence thrown out of court

A California DUI conviction carries with it a range of serious consequences. If you plead guilty or no contest or are found guilty at trial, you may be sent to jail, sentenced to probation, ordered to attend treatment, and be required to attend alcohol education courses. You will also lose your driving privileges.

These penalties are substantial, and illustrate the importance of putting together a strong defense to a California DUI charge. A DUI lawyer in Orange County, CA can help in a number of ways, starting with an investigation of the facts and circumstances surrounding your arrest.

Both California and federal law set minimum standards for law enforcement in the performance of their duties. This includes having a reasonable suspicion to make a stop, probable cause to arrest someone, and reading a person their Miranda rights after they are arrested. If a law enforcement officer violates any of these rules, then the evidence seized against you may be thrown out through a motion to suppress. In some — but not all — cases, a successful motion to suppress may lead to the dismissal of charges against you.

For example, consider a situation where you are arrested on suspicion of a DUI. After you are arrested, you are taken to a police station, where an officer starts asking you questions about where you were and how much you had to drink. You answer, and tell the officer that you were at a bar and had 10 or 12 beers. These statements may then be used against you by the prosecutor — except for the fact that the officer never read your rights to you. Your DUI lawyer in Orange County, CA may file a motion to suppress and have those statements suppressed. Even so, there may still be enough evidence to move forward, such as the officer’s testimony about your driving or your signs of intoxication, or the results from a chemical breath or blood test.

After you are arrested for a DUI, you may be tempted to plead guilty to just make the issue go away and to move forward with your life. Doing so may be easier in the short-term — but then you not only face the immediate consequences of your conviction, but you’ll have a criminal record and face other issues, such as the need to pay a higher premium for your car insurance once you get your license back. A DUI lawyer in Orange County, CA will thoroughly analyze the facts of your case to determine if there are possible grounds for a motion to suppress or any other defenses that you may not have known were even a possibility.

At the Chambers Law Firm, we are adept at handling all aspects of California DUI cases. We work hard to help our clients get the best possible outcome. To learn more or to schedule a free initial consultation, contact us today at 714-760-4088 or dchambers@clfca.com.

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