Being arrested for driving while under the influence of drugs (DUI/DWI) or alcohol can be one the most problematic charges a person ever has to fight in a court of law. Although evidence against an individual often seems damning enough that any sort of defense against the charges appears to be pointless, an experienced DUI defense attorney can examine the circumstances surrounding an arrest to determine whether or not arresting officer conducted the arrest lawfully and whether or not data gathered to determine the individual’s blood alcohol concentration (BAC) was properly acquired.
According to California Vehicle Code 23152, “it is unlawful for any person who is under the influence of any alcoholic beverage or drug to drive a vehicle,” specifically if the individual “has a 0.08 [BAC] percent or more…of alcohol in his or her blood.” Most individuals in California are arrested for DUI/DWI during traffic stops, sometimes specifically at sobriety checkpoints. During a DUI stop, it is important that the arresting officer properly conduct roadside sobriety testing procedures, starting with the simple notion that the officer was even properly trained to do so in the first place. Once the officer reaches the point in the investigation where he or she requests that an individual cooperate in having their BAC tested by a BAC measuring device, such as a Breathalyzer, the arresting officer must ensure that the testing device to be used is not only properly calibrated, but functions properly as well. Furthermore, blood testing at police laboratories is notorious for being inaccurate in some cases, a rather glaring error that could land an otherwise innocent motorist in serious trouble.
Aside from submitting to roadside and BAC testing at the scene of the arrest, individuals who are accused of DUI/DWI in the state of California are required to submit to chemical testing in order to provide arresting officers with a more accurate BAC level diagnosis. Per the implied consent law, California motorists are required to submit to such testing (per the very act of possessing a California driver’s license, drivers agree ahead of time to submit to such testing). Failure to comply with such testing will result in an automatic license suspension, known as an administrative license suspension, imposed by the Department of Motor Vehicles (DMV), a consequence that is independent of criminal charges filed against the individual, and that remains in effect regardless of whether or not said individual is found to be guilty of DUI/DWI in a court of law. A skilled DUI/DWI defense attorney will not only fight criminal charges brought against an individual, but will file for a DMV hearing to fight the administrative license suspension as well.
An experienced California DUI/DWI defense attorney will examine the circumstances surrounding an individual’s arrest, primarily focusing on whether or not procedure was properly followed. A Newport Beach DUI/DWI defense attorney may request maintenance and usage logs of the BAC testing device used during the arrest, particularly since many such devices have an established history of providing inaccurate results, either because of human error on the part of the arresting officer, device malfunction, or improper calibration. Furthermore, the arresting officer’s own arrest history will be examined and brought to light, particularly if he or she has a history of inaccurately arresting individuals for DUI/DWI.
Penalties for DUI/DWI can be extremely harsh, ranging from jail time and significant monetary fines to license suspension and other driving restrictions. If you have been accused of DUI/DWI in Southern California, please contact Maltaise Cini, Attorney At Law, for valuable information that could aid you in your defense. Attorney Cini will fight to ensure that your rights are not infringed upon in a court of law. Call (949) 660-1389 today to retain the service of an experienced Newport Beach DUI/DWI defense lawyer.