Driving under the influence (DUI) is a severe offense in California. A DUI conviction can sometimes result in jail time, fines, and losing your driver’s license. However, not everyone facing a DUI charge is convicted. This is because many defenses can be raised in a DUI case, such as the police not having probable cause to stop you or the arresting officer not following proper procedure. Many misunderstandings can occur in the process of a DUI arrest, which is why criminal defense attorneys who specialize in DUI law are so important to clearing up innocent names and providing fair representation in court.
What Defenses Exist for DUI Charges?
The most common DUI defense is that the police did not have probable cause to stop you. For the police to pull you over, they must have a reasonable suspicion that you were driving under the influence. This means that the police must have observed some specific behavior that led them to believe that you were impaired. For example, if the police saw you weaving in and out of your lane or driving erratically, they may have had a reasonable suspicion to stop you. However, if the police did not observe any such behavior, they may not have had a right to stop you.
Another common defense against DUI is that the arresting officer did not follow proper procedure. There are many steps that the police must take to arrest you for DUI. For example, the police must give you a chance to take a breathalyzer test or a field sobriety test. If they did not follow proper procedure, this may be grounds to have your charges dismissed.
Finally, another common defense against DUI is that the breathalyzer test or field sobriety test was not administered properly. If it was administered incorrectly, this may be grounds to have your charges dismissed. Sometimes officers will give the test to people who are not actually impaired, or they will fail to calibrate the breathalyzer machine properly. If you think that the test was not administered properly, you should talk to a DUI lawyer about your case.
What Evidence Will Help My Case?
If you have been charged with DUI, there are a few pieces of evidence that will be helpful to your case.
- Breathalyzer test. If you took a breathalyzer test, it is important to get a copy of the results. Sometimes the results of the breathalyzer test are not accurate. If the results of the test show that you were not actually impaired, this will be helpful to your case.
- Field sobriety test. If you took a field sobriety test, it is also important to get a copy of the results. Sometimes the results of the field sobriety test can indicate that you were not impaired, or it will show how the officer administered the test.
- Police report. The police report will contain information about the stop, the arrest, and the breathalyzer test or field sobriety test. It is important to request a copy of the police report so that you can review it for accuracy.
- Witness testimony. If there were any witnesses at the scene of the event to the stop or the arrest, their testimony can be helpful to your case. Witnesses can testify if they believe the police had probable cause to stop you or whether the officer followed proper procedure.
- Video footage. If there is video footage of the stop or the arrest, this can be helpful to your case. The video footage can show whether the police had probable cause to stop you or if the officer followed proper procedure.
- Medical records. If you have any medical conditions that could have affected the results of the breathalyzer test or field sobriety test, request your medical records. For example, if you have asthma, this could affect the results of the breathalyzer test as you may have had trouble breathing properly into the machine.
The more evidence you have to support your case, the better. An experienced criminal defense DUI lawyer will be able to help you collect this evidence and build a strong defense.
How Can I Best Work With My DUI Lawyer?
If you have been charged with a DUI, work closely with your DUI lawyer. There are a few things that you can do to help your case.
First, be honest with your lawyer. You should tell your lawyer everything that happened, even if it seems like it will make your case worse. Your lawyer can only help you if they know the whole story. Being transparent about the details in court can help your credibility as well.
The second thing that you should do is follow your lawyer’s advice. Your lawyer will know what is best for your case, even if their suggestion goes against what you want to do. It is important to trust your lawyer, follow their advice, and reap the benefits in court.
Finally, be prepared for court. This means having all of your evidence collected, witnesses lined up, and your story straight. Being prepared will help you feel confident in court, and it will also help your lawyer build a strong case.
What Are the Possible Outcomes of a DUI Case?
The possible outcomes of a DUI case depend on the facts of the case, the evidence, and the jurisdiction. In some cases, the prosecutor may completely drop all charges if there is not enough evidence to convict you. In other cases, the prosecutor may offer you a plea deal. A plea deal is an agreement between the prosecutor and the defendant where the defendant agrees to admit their guilt in exchange for a lesser charge and/or a lighter sentence.
If the case goes to trial, the possible outcomes are acquittal, conviction, or dismissal. An acquittal means that you are found not guilty, and you are free to go. A conviction means that you are found guilty, and you will be sentenced according to the law. A dismissal means that the charges are dropped, and you are free to go.
Hiring a criminal defense attorney, such as the ones at Aaron Meyer Law, can help your case result in the best possible outcome. Contact us today to review your case and build a strong defense.