Making A Difference In Your DUI Case: A Lawyer’s Impact
Being stopped by the police is a scary, sometimes highly emotional, or even traumatic moment. However, the consequences of a conviction in California for Driving Under the Influence (DUI) are likely to be even worse. Fortunately, you do not have to face these risks alone. This article dives into the role of DUI / Drunk Driving defense lawyers in California, including:
- Why DUI stops are so stressful and convictions so damaging in California.
- Your rights when facing DUI charges and why your right to a lawyer might just be the most important one.
- How we (as your defense lawyers) can help make a difference in your DUI case.
Why Are The Stakes So High For DUI Stops And Convictions?
No two arrests have exactly the same stakes, but for a DUI charge in California, chances are you might be at a much greater risk than you think.
For example…
- For professionals who are licensed by the State of California, even doctors, lawyers, nurses, realtors, and anybody who has a professional license, a DUI conviction can threaten that license, which in turn jeopardizes their livelihood.
- Anyone with a state or federal security clearance or SEC clearances, as well as government employees like police officers and firemen, can have their clearance or job put at risk if they are just arrested for Driving Under the Influence, and doubly so if convicted.
- Even those without professional licenses or security clearances may be working in an industry that requires background checks for new hires or promotions, putting your career at risk of a conviction.
Your DUI Defense Lawyer’s First Task
Given what is at stake, the emotional stress that you are likely to be going through during a DUI prosecution is extensive, and it is only normal to be highly concerned and even emotional because of what you have to lose. That is why, as your DUI lawyer, our first role is also to help you find some calm and hope by taking the time to explain the situation and consequences to you.
If you have been arrested for DUI, regardless of whether it was for alcohol or drugs impairment, chances are that you have never been through the system before. You are likely to be an upstanding member of the community and have never even been in contact with the criminal justice system. Given that this is your first time as a defendant, it can be extremely intimidating, and we try to make the process as comfortable as possible. We can do so because we understand what you’re going through, having representing thousands of DUI clients.
We want you to feel comfortable communicating with us so that we can find all the facts and get all the background information we need to have a total picture of you and your life around which we can build that defense.
How Can A DUI Defense Lawyer Protect My Rights And Avoid The Worst Consequences Of Conviction?
A good DUI defense lawyer will have seen thousands of cases; while it is a complicated area of the law for those who do not know what they are doing, it holds few mysteries for an experienced defense lawyer. There are many things we can do to help you avoid a conviction or to dampen the worst consequences of one.
Most notably, we can contest and undermine one or more of the various pieces of evidence the prosecution needs to secure a conviction against you, including:
- The testimony or credibility of the police officer who is claiming you were driving under the influence, erratically or dangerously.
- The validity of the officer’s stop during which a DUI was detected or suspected.
- The chemical tests of breath or blood that indicate you were impaired by alcohol or using drugs.
- The audio and video of what transpired during the stop.
- The causal connection between your driving behavior and the symptoms of impairment.
- The results of a field sobriety test, which is very difficult even for sober people to pass when under the stress of a possible arrest.
Can Blood Alcohol Tests Be Contested?
You might think that chemical testing is solid and indisputable proof of intoxication or impairment, but not for a skilled defense lawyer. Breath testing, for example, is not a very reliable way of measuring a person’s alcohol level.
For example, say your test says you have between a 0.08 and 0.10 BAC. That sounds bad, but there’s actually a 25% variation between 0.08 and 0.10, which means the test is not quite as accurate as it first seems. Furthermore, there might be some or even a lot of time between being pulled over and taking a breath or blood test that impacts the blood alcohol level at time of driving.
Furthermore, for blood testing, there is a specific protocol that has to be followed under the law with scientific justification to back it. These steps are not always correctly followed after an arrest. A good defense attorney knows how to present this to juries to undermine that evidence.
Cannabis results are also difficult for the prosecution to prove. This is because it could stay in your system for quite some time, and there’s no reliable indication of the results themselves as to when the cannabis was ingested, as well as the nature of the THC, which can vary from different samples.
I Have Multiple DUI Convictions On My Record. Is There Any Hope?
If you have more than one DUI conviction with in 10 years, you are likely to be charged with a DUI with one or two priors or even with a felony. But this should never make you despair or prevent you from calling a strong DUI / Drunk Driving defense attorney who will fight for your rights.
If you hire us, we will examine those priors to ensure they were constitutionally valid; often, we may be able to show that one or more prior convictions were because your previous lawyer was not a fighter like we are. And remember, being arrested does not automatically result in a conviction, so while the potential penalties are worse, they still have to prove you did it, and they have to do so against us.
Our Record Of Success In DUI Defense
Many of those who call us after an arrest, and many the prosecutors, know of our reputation. They know we know how to fight and win cases. We have represented people from all walks of life for decades and will be the first to tell you that all DUI / Drunk Driving cases, whether for alcohol or drugs and many with multiple offenses, can be defended.
We never go for the quick and easy resolution either, especially not when your future is on the line. In some cases, it will take a very long time to get a successful result because, as we say, “Friends don’t let friends plead guilty!”® when there is a chance of walking away without a conviction.
If you find yourself arrested or charged with a DUI in Southern California, you can count on us to have your back. Our phone number is (888) 4-TOPGUN or (888) 486-7486. We know how important your freedom, livelihood and emotional well-being are, which is why we are able to represent thousands of Californians over the years.
Have You Or A Loved One Been Arrested For Driving Under The Influence In California? Call Us Today!
For more information on the future of DUI prosecutions in California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (888) 4-TOPGUN today.
