Your Drunk Driving Charge Doesn't Have to Be a Conviction

Feb 07, 2018

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A DUI charge is merely an accusation. It doesn't become official until the judge renders you guilty and sentences you time in jail, a fine, DUI classes, and probation. Until then, you have time to contact a reliable DUI defense attorney so that he can call the accusing party into question about the following:

The Rights You Have as an Accused Party

Procedural errors are a common cause of drunk driving case dismissals. If the arresting officer failed to follow important procedures, such as observing you for 15 minutes prior to the breath test, obtaining your consent to do a blood draw, placing you under arrest prior to the evidential breath test, the evidence in the case could be eliminated or deemed unreliable. You might be able to walk away from this embarrassing incident unscathed. An attorney can help you challenge the charge correctly.

Who Was Driving the Vehicle?

The accusing party must be 100% sure that you were the one driving the vehicle and that you were intoxicated while you operated the vehicle. Not a judge or a jury can hold you accountable if the other party has difficulty proving either one.

Is There Tangible Evidence of Drunkenness?

The other party must prove that your blood alcohol level was above the legal limit. This requires that person to produce the documentation from the breath test that the officer gave you. If the person cannot produce such documentation, the charge will not be able to stick.

Was the Stop Legitimate?

The lawyer may also bring up the legitimacy of the original stop and whether the officer had probable cause. A knowledgeable DUI defense lawyer should look at the propriety of the original stop, such as contrary witness testimony, body cam videos, dash camera videos, etc.  This evidence is important to determine if the police had a valid, legal reason for the stop. A skilled attorney will have a slew of additional questions for the charging party, as well.

You don't have to take a DUI charge lying down. You can have a seasoned drunk driving defense attorney fight to preserve your reputation and your freedom. Contact us at Mitchell Law Group and let us start defending you immediately.




Category: DUI Defense

Michael Mitchell

Michael Mitchell is a Fresno attorney who practices in the areas of DUI, personal injury & criminal law. Visit his Google+ profile.


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334 W. Shaw Avenue, Suite A Fresno, CA 93704
Phone: 559-222-2424

Fresno Criminal and DUI Attorney
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.  Testimonials displayed on this website do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter

Michael E. Mitchell, at the Mitchell Law Group, Inc., is one of the top DUI defense attorneys in Fresno, California. He has over a decade of experience handling DUI cases throughout the Central Valley, including in Clovis, Madera, Tulare, Visalia. He is a certified field sobriety instructor and practitioner under the standards of the National Highway Traffic Safety Administration (NHTSA) and is a member of the California DUI Lawyers Association. His advice and knowledge is, routinely, sought after by other attorneys practicing in the area of DUI defense. He is an expert in the area of DUI defense in both Federal, State, and on the Appellate level. If your looking for the best DUI Lawyer in Fresno to handle your case, give us a call today to see how we can put our knowledge to work for you.