In Los Angeles, the police are highly trained at detecting when a driver is under the influence of alcohol. Likewise, prosecutors are highly motivated to turn DUI charges into DUI convictions. Without years of training and experience, even if there’s a reason to believe you weren’t above the legal limits, there’s a good chance that you will get convicted if you represent yourself.
The right lawyer can help you fight your DUI charge. Sometimes, this defense may result in a dismissal of all charges. Other times, it can be negotiating a plea for a lesser charge. Other times, you may be able to receive a lesser penalty, such as a suspended license and DUI driving school instead of time in prison.
The DUI statute of limitations in California is one year, meaning charges must be filed within that time frame. It’s important to act quickly and consult with a knowledgeable attorney to ensure the best outcome.
Defense Strategies a DUI Lawyer Can Use
Lawyers who specialize in handling DUI cases know that mistakes get made throughout the arrest process. These mistakes, whether intentional or not, can result in innocent people getting charged or more severe charges being sought. Exposing these mistakes in the prosecution’s case is what helps beat DUI charges.
Investigating Your Arrest
A DUI lawyer will look through your arrest reports to see if the officer followed the law properly. Improperly pulling over your vehicle or even not following the proper procedure for arresting you can lead to a dismissal of your case. If an officer didn’t tell you that it was a crime to refuse a breathalyzer after your arrest can lead to the dismissal of those additional charges.
Flaws in Chemical Tests
Your lawyer will also look at the results of any breath or blood test that was taken at the time of your arrest. If a breathalyzer isn’t properly maintained or proper procedures weren’t followed at a lab, your test results may not be admitted as evidence at trial. Similarly, your blood alcohol content (BAC) rises naturally over time. A breath test taken hours after your arrest may show a higher BAC than you had at the time you were driving, potentially putting you over the legal limit.
Other Defenses
An intoxicated person found alone in a car is usually assumed to have been driving the vehicle, even if they are found sitting in the passenger seat. However, the prosecution must be able to prove that you were driving the vehicle while having a BAC of 0.08% or more. If the prosecution can’t prove that you weren’t simply sleeping off the effects of a few drinks before driving, your charges can be dismissed.
Negotiating on Your Behalf
The prosecution is likely hoping to get a guilty plea from you before trial and may try to pressure you into cutting a deal. Being able to negotiate with a prosecutor can be difficult, especially with the harsh penalties of a DUI hanging over your head. Fortunately, you can have a DUI lawyer handle the negotiations on your behalf.
Based on the evidence available, your attorney will point out the weaknesses in the prosecution’s case against you. The weaker the prosecutor’s case, the better the deal you can expect to receive.
If an outright dismissal isn’t in the cards, your attorney lawyer can help transform your DUI charges into something lesser. Particularly if you don’t have any prior history of drunk driving, your lawyer may be able to seek a lesser offense like a wet reckless driving charge. Similarly, your attorney may be able to argue for a lesser punishment, such as less or no time in jail and a more reasonable fine from the court.
A Lawyer Can Your Best Bet of Beating a DUI Charge
The California DMV reports that nearly 80% of all DUI charges lead to convictions. Given how hard it is to beat a DUI charge, it’s probably a reasonable assumption that that the overwhelming majority of individuals who beat their drunk driving charges had the right lawyer helping them.
If you’re ready to find the right DUI lawyer for your case, contact us using the form on this page. We can help you schedule a free consultation with a leading DUI attorney, who can evaluate the unique facts of your case and begin building a solid defense strategy right away. The quicker you act, the more time your new lawyer has to help you with your DUI charge.
