Defending Against DUI and DWI Charges in California
Defending DUI charges in California can mean the difference between jail time and going home. With DUI (and in some states DWI), you can also expect fines, loss of license, and other charges if you hurt someone while driving.
One of the toughest things to fight can be a DUI charge in California. So how do you do it? The best solution for legal problems is to hire a professional lawyer in your area who knows the laws. This guide highlights how you can defend yourself, but this is only in addition to your DUI lawyer. If you cannot afford a professional lawyer, ask the judge to appoint you one.
Advantages of Mounting a Defense for DUI
Mounting a defense does more than fight charges: it also helps you persuade the prosecution to drop or reduce DUI charges. You might also, as stated, keep your license, avoid fines, and have the potential to be acquitted after a trial. The better your defense, the better your chances of negotiations and acquittal.
What the Prosecution Does in DUI Cases
In a California DUI case, the prosecution will be trying to prove the defendant drove the vehicle while at the same time being intoxicated. You drank ten beers, got in the car, and drove down the road. The prosecutions case will simply be based on a scenario like that.
Opportunities for Defense against DUI Charges
The actual defense for California DUI charges can vary. Usually your lawyer will come up with a clear plan and present it to you, then the court, and either negotiate or go for an acquittal.
One common defense used by DUI attorneys is that you weren't driving. In most cases, you get pulled over, a cop gives you a test, and if you rate a 0.08% or higher blood alcohol level, you get arrested. The defense rarely can work if you were actually driving the car down a highway, but if you were just sitting in the car behind the wheel and had been drinking, you have an opportunity.
One more common defense is that the officer who charged you with a DUI actually had no reason to pull you over. Or, in some cases the defense will be the officer did not follow correct legal procedures during the arrest. In these cases, the arrest may be suspect and you might get a complete acquittal, because the prosecution has no more case.
There are many other strong defenses, but the probable cause alluded to earlier, where the officer had no reason to pull you over and arrest you, is one of the best. Here, the officer did not follow proper procedure, and again the charges might be dropped.
Hiring a California DUI Lawyer
There are many other defenses which have pages of detail, but your best choice is to hire professional legal counsel, a California DUI lawyer, to handle the case. There are a variety of other defenses, and even the ones mentioned have more details involved. Hiring a California DUI lawyer can, more often than not, result in lesser charges if not dropped charges.