Hire an Orange County DUI Defense Arguments Attorney
DUI defense may be the most complex and multifaceted are in criminal law practice. Most DUI arrests result in two case filings, one administrative law case with the California Department of Motor Vehicles to suspend the arrested driver’s license and another criminal case filed in the Superior Court of the State of California. The issues, degree of due process of the law, and burden of proof are different in each matter. The following arguments might be used to defend either the administrative or criminal case. An experienced, skilled, and dedicated Orange County DUI defense arguments attorney will comprehensively assess each surprisingly unique set of evidence along with his client’s side of the story to first identify the issues that are in play and formulate a strategy for showing that each arguable fault in the evidence causes the evidence to fall short of the standard to convict or sustain the petition to suspend.
Reasonable Suspicion / Probable Cause
The police officer(s) who arrested a person for DUI must be able to articulate specific facts on which a reasonable police officer would have detained and arrested the person who was arrested.
If one was unlawfully detained (pulled over, approached for questioning, etc.), his arrest was necessarily unlawful and he cannot be suspended by the DMV. Similarly, any evidence collected subsequent to the unlawful detention should be suppressed (unusable) in court. This is how an illegal traffic stop can cause the dismissal of charges against an obviously guilty person.
If our laws did not apply this remedy to prevent police from unreasonably interfering with the privacy of citizens, there would be no true freedom in the United States of America. The price we pay for liberty as a society is that some criminals go unpunished.
California law defines driving, for purposes of DUI, as causing a vehicle to move. In cases where the arrested individual was not seen behind the wheel of a motor vehicle, it may more very difficult to prove that she drove the car while she was drunk.
Impairment / ≥0.08% at Time of Driving
Police can’t obtain a chemical test result from a driver as he travels down the road, so nearly every case requires relation of a later collected breath or blood test result back to an earlier point in time. Many drivers arrested for DUI are substantially more drunk at the time of the chemical test (when they would have already been finished driving) than when they were on the road. Our inability to collect a biological sample for chemical testing that actually reflects the amount of alcohol or drugs in affecting a driver’s ability to safely drive until a time well after the test subject was alleged to be driving under the influence presents an issue in many cases where the individual’s test results are not measured to indicate excessively high concentrations of impairing substances at the time of testing.
Field Sobriety Tests
Field sobriety testing is no better than a common sense appraisal of whether a person appears drunk. Sober people often show miserable failures on field sobriety tests and drunk people often show little or no indication of impairment. The same tests that are so frequently used in the witch hunt of the suspected drunk driver can also provide his saving grace. Results depend on proper administration and training as well as individual characteristics of the person taking the tests. This is why a superior Orange County DUI defense arguments attorney must fully master roadside DUI investigation and SFST techniques to properly and effectively represent anyone who was arrested after submitting to field sobriety testing or complying with field investigation.