Do You Have a Chance?
Facing DUI charges would leave even the most grounded person in a panic. You stand to lose your license, several thousand dollars, and not to mention your dignity. The good news is many defendants are able to beat their DUI charges with the help of a skilled attorney. You should speak with an experienced California DUI defense attorney if you are facing charges to get a better idea of your options. But it helps to have a good idea of what your chances are before you make an investment in an attorney. Here are a few factors that can affect your chance of beating DUI charges. This is not an exhaustive list, however, and many more factors can affect your case. Only consulting with an attorney can give you an idea of your chances given your specific circumstances.
Did you take a breath or blood test? If the police have a blood alcohol concentration (BAC) reading from your arrest, your chance of beating your charges can be affected. Did you provide a breath or a blood sample? When was it taken and by whom? Were proper regulations followed? Did you have an independent analysis done? Did you have a high BAC, or one just barely above the . 08% threshold? These are some of the questions an attorney might ask you to help determine your chance of beating your DUI charges.
BAC test results have a legally acceptable accuracy rate but can also be challenged in certain cases. Speak with an attorney about the specifics of your case. It is possible to be convicted of a DUI without a BAC test, but the factors that will influence the court’s decision will be different.
Along similar lines, did you refuse to take a BAC test? Refusal doesn’t necessarily mean you are guilty, but it can certainly hurt your chances of representing yourself as a decent citizen in court. And, even if you never took a BAC test, you can still be convicted on the basis of other facts.
Do you have any priors? A prior DUI or wet reckless offense can hurt your chances of beating a current DUI charge. In some cases, an attorney can ask the court to strike a prior offense, which can result in a reduced sentence. In others, you face a higher chance of being convicted and will face a harsher sentence if convicted of a second offense.
Were you driving poorly at the time? You can be convicted of a DUI just for driving under the influence of alcohol, with or without a BAC test. That being said, your driving at the time of the arrest will probably be included in the police report and be used as evidence against you in your case. If it appeared as if you were intoxicated, that is a relevant factor in your case that can affect your chance of beating your charges. Did you violate a traffic law? Did you cause an accident or damage property? Did you injure or kill someone? Again, these kinds of questions can help an attorney determine your chances of beating DUI charges.
How was your conduct at the time of the arrest? Did you cooperate? Were you belligerent? Was your speech slurred or did you fail any coordination tests? These can be contributing factors in the prosecutor’s argument.
Speak with an experienced DUI defense attorney if you are facing California DUI charges. DUI charges are complex, and beating them takes a combination of favorable factors, tenacious legal representation, and strategic planning. Without speaking with an attorney about your case, you can’t really know your true chance of fighting your charge. An attorney can obtain a copy of the police report and any other pieces of evidence and help built a defense based on the specifics of your case.
If you are in the Tulare, Fresno or Kings County area and have questions about DUI defenses, call experienced criminal defense attorney Christopher Martens today for expert counsel. At The Law Offices of Christopher Martens, we can help you face DUI charges with confidence. With over ten years of criminal defense experience, attorney Martens is ready to defend your rights. Contact our Visalia or Hanford, CA offices at 559-967-7386 or email us at MartensLaw@gmail.com to discuss a possible plan of action for your case.