This past weekend, many celebrated the Easter holiday. As with many holidays, Easter brings time with family. Unfortunately, this family time is not always all fun Easter egg hunts, honey-baked hams, and polite conversation. Time with family members, for all too many people, is a time of great stress. When stress runs high and wine or other alcoholic beverages are being served with family meals, there runs the risk of over-indulging. With this unexpected over-indulgence in alcohol at a family event comes a second problem – the unanticipated need for transportation home. This can be difficult in suburban or rural areas, so individuals sometimes feel caught between a choice to spend more stressful time with family members or the poor, and more importantly unlawful, decision to drive under the influence of alcohol. When this unpleasant picture results in a DUI arrest in the state of California, you need an experienced California DUI defense attorney to protect your legal rights and mount the strongest possible defense.
It is Possible to Defend Against DUI Charges in California
Not every DUI arrest is proper, and not every DUI charge is merited. You have many important legal rights, including the right against unlawful searches and seizures. In respect of these rights, California requires its police officers to strictly abide by certain rules and regulations in making a DUI stop and arrest. First and foremost among these requirements is the existence of probable cause. Probable cause is a legal concept that amounts to a “reasonable suspicion.” To even pull you over in the first place, a police officer must possess a reasonable suspicion that you are driving under the influence of alcohol. Examples in the DUI context include the visible presence of alcohol in the vehicle, erratic driving, swerving, and speeding.
After making a valid stop with probable cause, a police officer must conduct a valid DUI test that generates a result consistent with driving under the influence of alcohol. Most commonly, this test is administered by breathalyzer – a device that measures Blood Alcohol Content (BAC). Law enforcement would have you believe that BAC tests are a black and white matter, but the truth is that countless interfering substances, legitimate health conditions, and breathalyzer malfunctions can produce inaccurate readings. A skilled and experienced attorney will thoroughly explore every one of these reasons for a possibly false BAC reading.
The same is true with regard to DUI blood tests – the second most common means of testing for DUI. Issues occur with blood samples, as well, as re-testing frequently confirms. From the initial stop to the DUI testing to the arrest, a skilled and experienced California DUI defense attorney will go over every detail with a fine-toothed comb, holding the state responsible for meeting the strict probable cause and testing requirements for DUI. This combination of work ethic and experience could make every difference in your defense. To mount the strongest possible defense, contact an experienced attorney today.