The state of California takes a strict stance on driving while under the
influence. Law enforcement makes it a priority to pull over drivers who
are intoxicated or potentially under the influence of drugs. There are
often frequent DUI checkpoints set up in both residential and commercial
areas. Due to the tough laws surrounding this crime and the enhanced enforcement
by police officers, many people find themselves facing life-altering charges.
DUI charges could not only affect your reputation and transportation abilities, but
also your employment, your relationships and your future for years to come.
While many drivers accused of DUI get pulled over unlawfully, they are
not equipped with the knowledge on how to fight these charges. Even if
they do retain legal representation, they may be encouraged to plead guilty
and seek lesser charges, rather than fight and have their charges completely
dismissed. It is important that you have the proper counsel on your side
to ensure that you are not unfairly convicted.
DUI Defense Strategies
Every case is unique and the best
criminal defense strategy will depend on the surrounding circumstances. Even so, there
are many common factors that may make fighting DUI charges easier than
Some of the top factors that can be used to fight unfair DUI charges include:
- No jurisdiction for pulling you over
- Lack of probable cause for the arrest
- Explanations for your "drunken" style of driving (such as fatigue,
eating, or other distractions)
- If the arrest was made solely on the basis of your breath smelling like
alcohol (this doesn't prove any guilt)
- The officer didn't inform you of your Miranda rights
- Unauthorized roadside sobriety test used to arrest you
- Approved roadside tests were not properly conducted
- Any chemical test administered more than three hours after the stop (blood,
breath or urine)
- Officer didn't observe you for fifteen minutes before administering
the Breathalyzer test
- Breathalyzer not properly calibrated
These are just a few common issues that may be involved in a DUI case.
Often times, these items are not handled in the proper way, causing police
officers to unfairly arrest or accuse innocent individuals. When this
happens, it allows a skilled Vista defense attorney to effectively build
a strong defense on behalf of their client.
If you believe you have been unfairly charged with DUI or that your rights
were violated, you may be able to have your charges dismissed.
Contact our law firm today to schedule a consultation.