A good defense can lead to a positive outcome
In California, a DUI can lead to a number of serious consequences. Even for a first conviction, you may be facing jail time — or probation. You will also likely be required to perform community service, attend mandatory DUI classes, pay fines and fees, and give up your license for a period of time.
Because a DUI has such harsh penalties, it is important to work with a seasoned DUI defense lawyer Riverside, CA. Your attorney can analyze the facts of your case to determine the best possible defense to the charge. These defense typically fall into one of three categories: (1) you were not actually under the influence; (2) your driving was not impaired; or (3) the officer who arrested you did not follow the proper procedure or violated the law.
There are a range of different DUI defenses that will vary based on the facts of your septic case. Below, read about some of the more popular defenses that can be used if you have been charged with a California DUI.
Poor Driving Doesn’t Mean Impaired Driving
Some of us simply aren’t great drivers. While we may not like to admit it, many of us are particularly bad at driving at night, when the glare from headlights and other lights can make it difficult to see. If you are a bad driver, crossing over the center line may not mean that you are intoxicated — it might just mean that you really aren’t that good at driving. As absurd as it may sound, your DUI defense lawyer Riverside, CA could use this fact as a DUI defense.
In a California DUI case, the prosecutor will often put the arresting officer on the stand to testify that you were driving in a way that was consistent with driving under the influence of alcohol or drugs. Your lawyer could question this officer to get him or her to admit that most moving violations are committed by sober people — and that poor driving is not a good predictor of driving under the influence.
Signs of Intoxication Don’t Mean That You Were Impaired
In addition to testifying about your driving, the arresting officer will often claim that you showed “objective symptoms of intoxication.” For example, the officer might say that you had red, watery eyes, slurred speech, or a flushed face.
However, there are many perfectly innocent reasons why you may have any of those symptoms. Your eyes may be irritated, perhaps from new contacts. You might have allergies or a cold. You may also just be tired. A skilled DUI defense lawyer Riverside, CA can cross-examine the arresting officer and demonstrate that what he or she believed to be signs of intoxication may have had other causes.
The Police Didn’t Follow the Law
In California, there are specific procedures that must be followed when a person is arrested on suspicion of driving under the influence. To make the stop, an officer must have probable cause that you are driving under the influence — and then must also have probable cause to make the arrest. An officer must also read you your Miranda rights before you are interrogated. Finally, before you are given a chemical breath or blood test, a law enforcement officer must follow regulations about the taking of these samples.
If a police officer fails to follow the law, your DUI defense lawyer Riverside, CA can argue that any evidence taken as a result be excluded (suppressed). This may lead to a dismissal or reduction of the charges against you.
These are just three of the many defenses that your attorney may use if you have been charged with a DUI. To learn more or to schedule a free initial consultation, contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com.
