Stockton DUI Attorney understands your position

Oct 20, 2011 by admin

First DUI Arrest?

What to expect

Hire a lawyer or go at it alone?

You’ve been arrested ( or someone you care about ) has been arrested for a DUI. Now what?

This can turn your life upside down. You’ve never been in trouble, you are scared, embarrassed and have lots of questions. You know you’re license is at risk, your job and what about your personal life? Serious issues we know. We deal with people like you everyday. You may think that this is something that may go away, that the judge will take mercy on you because it’s your first time in court and you have no record. Well the problem is that the judge is a former lawyer, the DA is a lawyer and they are VERY serious about making sure this NEVER happens again.

If you’re a professional and need to drive you’ll need to consider your options. Do you have a reliable way to work each day? Do you drive for a living? Maybe you have other ways to travel. But for most of us we need to drive and having a suspended license will only make it more difficult to get to and from your destinations.

IMPORTANT—-You must contact the DMV immediately! You have to contact the DMV within 10 days from the date of your arrest to request a hearing. If you don’t, you will loose your license. If done properly you may be able keep you license, continue to drive until your DMV hearing date. Our lawyers are able to help you with this matter.

You stand the best chance of fighting your DUI if you have one of our skilled lawyers working with you. Each case is different and you should never assume anything. By talking to our legal team you’ll understand where you stand, what you can do and learn what we can do for you.

Breath & Blood tests

In each of these cases, precision matters. If the officer is not following the guidelines, a machine is out of calibration, accuracy checks etc. all things that can add up to information that must be excluded. If you had a blood test, we’ll ask for a “split” for independent testing. If done improperly blood may ferment and produce its own alcohol and render the sample useless.

What does the state have against you?

Our legal system is such that the prosecution bears the burden of proof. What does this mean? Well it means they must have sufficient evidence to convict you. Not only sufficient evidence, but convince the judge or jury BEYOND A REASONABLE DOUBT. This is why an attorney is so critical. We scour the documents for the real facts.

The prosecutor has to prove several things. Driving pattern, Physical appearance, Sobriety Test, Chemical Test. Now they have to use these factors to convict you, BEYOND A REASONABLE DOUBT. This is why it is critical to discuss you case with a DUI Attorney. This is complicated stuff and you don’t want to be doing it yourself.

Breaking each of these items down, we look for what the report is not saying. Because we handle DUIs on a regular basis, we know what to look for. Often by pointing out what the driver did correctly is something the prosecution has to deal with when making their case to the state.

Your physical symptoms should be looked at in more detail. Remember a police officer is looking for evidence to back up their suspicion that you are intoxicated, red watery eyes, or your breath smells of alcohol. Two things that police officers look for but have several answers besides intoxication. Another reason why a DUI consultation should be a part of your plan.

Sobriety Tests can be something that the police hang their hat on to justify their suspicion that you are intoxicated and therefore use it as a reliable tool. However, you must consider that this is a test that never happens in everyday life. Not to mention when you are accused of something like drinking and driving, you are nervous, you know you could go to jail and you may have trouble performing any tasks under such pressure.

Lastly the prosecution will use the chemical test ( blood test ) to show that you were intoxicated. This test requires that the machines are calibrated, reliable and accurate. If they are not, then this can be used to debunk the prosecutions theory. Even if they are accurate there are things to consider because we are looking at  the time you were driving, not at the police station. Stomach contents, absorption of alcohol, time of drinking, time of driving etc. all must be considered when evaluating a DUI conviction.

As you can see there are several things that go into a DUI conviction and must be challenged by a DUI attorney. A general practice attorney may not be versed in all the aspects of a DUI and may not know what to look for. Remember, this is your life, your money, your time and you want to get past this as soon as possible. Contact us today for a free DUI consultation.