When you are pulled over for a DUI, you aren’t just dealing with a law enforcement officer; you are battling against possible jail time, suspended driving privileges, loss of your reputation, and the possible loss of your job.
It’s a serious issue that requires an experienced California DUI defense team: Summit Defense Attorneys. Our lawyers focus strictly on criminal defense cases and are dedicated to preserving your freedom and reputation.
On your behalf, we will explore every possible angle that may help your case. We will start by challenging the legality of the stop itself, then focus on refuting the probable cause that led to your arrest, including the Blood Alcohol Content reading and/or blood test results. If we can prove that your stop was illegal or unconstitutional, your case could result in a dismissal.
To determine the legality, our San Jose DUI defense team will look at whether the officer acted in a discriminatory manner or under an unfair pretext when you were stopped. This also plays into probable cause. Probable cause means that the officer must have an objectively reasonable suspicion that the individual in question (in this case, someone who is driving under the influence of alcohol or drugs) is committing the crime in question when stopped. We will review all the facts and even question the officer on the stand if necessary to help develop the proper California DUI defense.
Furthermore, BAC readings can be faulty for a variety of reasons. The device could be calibrated incorrectly. A positive reading may also be the result of over the counter medications or mouthwashes. Because of the rate alcohol absorbs into the body, it’s also quite possible that when somebody is pulled over they might not be over the limit, but by the time the test is administered they might exceed the limit. We explore these basic issues, alongside more complex BAC issues that could help prove your innocence.
Our work doesn’t end there. In San Jose, DUI defense lawyers from our team will also challenge the identity of the driver, the legality of DUI checkpoints, and the reliability of field sobriety tests. Challenging the identity of the driver is especially important in cases that involve an accident. Officers usually arrive on the scene after the accident. If one person in the party is sober, how can they be sure that person was not the one driving? This is where a strong California DUI defense lawyer from our team can help.
DUI checkpoints have also come under fire in recent years with many people challenging the validity and legality of such a stop. In 1985, the California Supreme Court held that such stops were constitutional ONLY if executed properly. Our San Jose DUI defense lawyers will examine how the particular checkpoint in question was operated to see if it met the terms of a legal stop.
Finally, field sobriety tests are commonly used to help police officers determine whether an arrest is needed. However, they have fallen out of favor because the three parts of the test offer an error rate of 47 percent. If this test is used, our California DUI defense team will closely examine the results and any video evidence that is available. We strive to downgrade the reliability of these tests.
If these strategies do not result in a complete dismissal of your charges, our San Jose DUI defense team can still help. We will work to negotiate a lesser sentence and help clear your record through expungement. When you are faced with the fallout of a DUI, it’s clear you have options to fight back. However, it takes a qualified California DUI defense lawyer to steer you in the right direction. We can help. Call us today for more information and to set up a consultation.