Experienced DUI Defense Lawyer - DUI Defense Attorney
If you or a loved one has been arrested for DUI, time is not on your side. You have only 10 days from the arrest date to request a DMV Administrative Hearing or your drivers license will be automatically suspended. Hiring a skilled DUI Lawyer to fight your DUI significantly increases your chances of keeping your license.
There are numerous strategies for getting DUI charges dismissed, for reducing the charges, or for fighting the charges at trial. Among these are challenges to the chemical test procedures that may have been used to determine your alleged level of intoxication. There are also constitutional challenges. In order to arrest you for a DUI, a police officer must have probable cause, or a reasonable belief that you are drunk driving. Even before pulling you over or detaining you, an officer must have a reasonable suspicion of criminal activity. If an officer does not have a reasonable suspicion or does not have probable cause, your attorney may be able to dispute the legality of the stop or the arrest at a probable cause hearing.
Under the Fourth Amendment of the United States Constitution, an officer must be able to articulate specific facts that indicate a crime is taking place before stopping you. The crime can be any kind of infraction, including stopping you for a tail light being out or stopping you for speeding. The exception is a DUI Checkpoint. Once an officer has pulled you over, he or she needs probable cause to detain you and investigate you for driving under the influence. An example of probable cause could be that you were weaving while driving and your breath smelled like alcohol.
There are a number of other factors police officers look for in determining whether you are intoxicated, including red eyes or a flushed face. The officer may also subject you to a field sobriety test. He or she may ask you several questions about what you've been drinking or ask you to perform a field sobriety test or submit to a preliminary breath test. If the officer does not observe anything that he can articulate as a reason for believing you are drunk, he is not allowed to detain or arrest you, and any subsequent chemical or breath tests may be excluded.
If you are arrested, an officer must read you your Miranda rights, which include the right to remain silent. Failure to read you your rights may make any kind of admission or confession you make subsequent to the recital of your rights inadmissible in court.
Your attorney will investigate to see if the officer lacked probable cause. If he or she appears to lack probable cause, the attorney will ask the court to suppress any evidence obtained illegally. If the officer did not have a reasonable suspicion when pulling you over, the entirety of the evidence obtained through the arrest can potentially be excluded.
While a probable cause hearing may not always be successful, your attorney may be able to uncover another violation while cross-examining the police officer, which could give rise to a dismissal or be leveraged to obtain a plea bargain, such as Dry Reckless Driving. As such, it is worth consulting an attorney to analyze all facts surrounding your arrest from the standpoint of your Constitutional rights.
Contact a DUI Defense Lawyer Right Away
If you are suspected of a DUI, it is critical that you cooperate with law enforcement, but do not make any admissions or help the police build the case against you. As soon as practicable, you should contact your own attorney for advice and help constructing a defense. For a strong defense from experienced DUI lawyer, Leon J. Mezzetti, Jr. Contact us toll-free at 877-791-1836 or via our online form.
We represent clients througout Northern California, including the San Francisco Bay Area.
For further reading: California DMV DUI Information