DUI laws get tougher every year. Politicians know they can gain votes by increasing the penalties for DUIs. Over the years, the consequences for a DUI conviction in California have become more and more serious.
Many people think that just because they have been charged with DUI that they have no option but to plead guilty to the charge. This can be especially so if they have “failed” a blood or breath test. However, believing you have no chance to win a California DUI case is a misconception.
In prosecuting a DUI case, the prosecutor has an obligation to prove certain elements of the crime:
- Did the arresting officer have reasonable cause to stop or contact you?
- Can the prosecutor prove beyond a reasonable doubt that you were the driver of a vehicle or that you had “functional control” of that vehicle with the present ability to drive?
- Did the officer conduct an appropriate investigation to come to the conclusion that you were impaired and therefore affect a lawful arrest?
- Were you impaired at the time of driving or, was your alcohol level at .08 or greater at the time of driving (.05 or greater for juveniles/.04 or greater for commercial drivers)?
Properly defending a DUI case can entail attacking or manipulating any one or all of these elements. Investigating, preparing, and arguing your case will require the expertise of an experienced DUI attorney. If you have been arrested for driving under the influence of alcohol or drugs, call experienced criminal defense attorney Robbi A. Cook at 510-208-5051 for a free consultation.
