Your Drunk Driving Charge Doesn't Have to Be a Conviction
Feb 07, 2018
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 is a Fresno attorney who practices in the areas of DUI, personal injury & criminal law. Visit his Google+ profile.