In California, most people arrested for a DUI believe that the evidence stacked against them makes their case hopeless. Most of those people, however, are incorrect. People believe that pleading guilty is easier than actually fighting the DUI charge. That is also wrong because fighting a DUI is easier than one would think. For example, the machines could have malfunctioned during your test. Or the police officer didn’t follow the correct procedures. These mishaps can definitely boost one’s chances at winning the case.
If pulled over because of suspicion of DUI, that person would be asked to preform multiple sobriety tests by a police officer. After preforming the tests the officer will then ask if the person under suspicion of DUI to blow twice in to the breathalyzer. If the officer believes the alcohol level to be affecting one’s driving ability or the alcohol level is .8 or higher, then the officer will arrest the suspect. The suspect will then be asked if they would like to take a blood of breath test at the police station or hospital. (It is required by law to preform these tests.) After being released, the police officers give two documents to the person being released. These documents are a pink slip (temporary license) and a citation to appear in court.
One must notify the DMV within 10 days of one’s charge and ask for a hearing. If no hearing is requested, then the license is automatically suspended for 30 days. Having a lawyer would of benefit because not only do they file for a hearing, they can have the hearing moved back a bit leaving time to prep for the case. The lawyer’s main objective is to sway the DMV from suspending one’s license.
Here at the Law Offices Of Christopher Martens, we represent clients in Tulare, Porterville, Visalia, Kings County, and Fresno County.