Duarte DUI Charges Defense
Defense Against DUI Charges in Duarte, California
The punishment for DUI offenses in Duarte are severe. Because of the level of punishment you can face, it is extremely important to hire a high-quality DUI Lawyer to assist you in defending the case.
What to Do if You’re Facing DUI Charges in Duarte, CA
Recently there has been an increase in the number of convictions for different types of DUI charges in Duarte. This fact has contributed to DUI charges becoming the largest single offense in California. Moreover, drinking and driving cases are more likely to be sent to trial than any other criminal offense. The reason for this is that, at trial, these cases are often contested on highly technical grounds based primarily on police misconduct during the DUI process. In defending you, we build a defense based on challenging the technical elements of the police officer’s process of determining a DUI offense has occurred and arresting you for it.
As reputable and experienced defense lawyers pertaining to DUI charges in Duarte, we have many years of experience in successfully defending our clients charged with a DUI. We have shown consistent results, largely due to our vigorous cross-examination of prosecution witnesses as well as our ability to target technical insufficiencies during trial. Contact us immediately if you are facing charges for a DUI in Duarte, ON. The faster you contact us after the offense happened, the better. That way, we can start immediately to build a solid case to defend you.
Charged With a DUI in Duarte for BAC Levels Exceeding 80mg
The most common of all of the different DUI charges in Duarte, CA is violating the blood alcohol content law. A police officer can, if he or she suspects a DUI offense may be being committed, that the person provide breath samples into an approved device to measure blood alcohol content. Specifically, if there is reasonable ground to suspect that he/she has committed an offense under the law within the last three hours, he may ask for said breathalyzer test. The cutoff for legal drinking level is is 80 milligrams in 100 milliliters of blood. This evidence is used against you if taken to trial.
However, when defending our clients in Duarte, we try to establish a through cross-examination of prosecution witnesses and we utilize the presentation of other evidence proving that the taking of breath samples may have violated the Charter of Rights and Freedom. Hence we may also argue that the evidence should be excluded as the BAC results can be recorded falsely.
Before giving you a California DUI breath test, an officer must continuously observe you for fifteen minutes in order to ensure that during this time you do not put anything containing alcohol into your mouth, including drinks, medicines or mouth wash etc.
Do Not Hesitate To Contact Us If You Have Received A DUI Offense in Duarte
Types Of DUI Charges:
Consequences Of A DUI:
Additional Drug Evaluations When Charged with DUI in Duarte
After the BAC evaluation is completed and it the officer find that the device indicates that you are over 80mg BAC, that officer has reasonable grounds to suspect that, due to the consumption of drugs or a combination of drugs and alcohol, the offense was committed within the previous three hours. In this case, the police officer can demand the accused submit to an evaluation by the officer.
If the evaluating officer believes that the person is impaired by drugs or a combination of drugs and alcohol, he or she will demand that you take a test that will show how much alcohol you have consumed. There may also be a demand for blood and urine samples. In addition, it is also important to note that the statute also regards fatigue toxins as a type of drug.
Field Sobriety Test Demands if Facing DUI Charges in Duarte, CA
When a Duarte police officer is in doubt as to whether a person has consumed alcohol or drugs and that he/she has been in control of a vehicle in the past three hours, he r she may demand for an additional physical coordination tests to check for sobriety. Based on these tests, further demands can be made by the officer such as the demand for the use of approved instruments, a blood demand or a drug evaluation demand after which the DUI charges will be validated. The tests administered are the three standardized field sobriety tests, the Horizontal Nystagmus Test, the Walk-and-Turn Test, and the One-Leg Stand. The officer administering the tests has the proper training and experience and the test conditions are perfect. In reality, all of these factors can vary greatly and make the unreliability of FST results a viable DUI legal defense.
Use of Approved Screening Instruments if Facing DUI Charges in Duarte
The use of approved screening instruments is crucial for testing whenever one is facing charges for a DUI in Duarte, California. These devices are calibrated in a way that displays fail if the BAC is above 0.1%, caution if between 0.05 and 0.1 percent, and a numerical value if the BAC is below 0.5%. Turning down a lawful demand for a breath test is also a criminal offense, unless a reasonable excuse to do so is given. One must make sure to not deny an officers command to perform such a test unless and until there is an absolute need.
Hiring an Elite Duarte DUI Lawyer to Defend Your DUI Charges
Whenever you are faced with different DUI charges, the best option is to get in touch with a Duarte DUI charges defense Lawyer. We have experienced attorneys who have consistently delivered favorable verdicts to clients facing different DUI charges in Duarte, CA. Our investigative team will visit the site of the incident to get first-hand reports, which help us determine any inconsistencies in the prosecution’s evidence or witness depositions. Contact us today for more information.