Visalia DUI Criminal Defense


What should I do If I'm facing DUI charges in Tulare County, Visalia Superior Court? Should I hire a lawyer?

Driving under influence {DUI) or driving while impaired {DWI) refers to the offense of driving an automobile while you are under the influence of drugs, including alcohol. If you are DWI, then you might be asked to stop by a Visalia police officer. In that case, you should know that you are considered under the influence of alcohol if there is 0.08 percent alcohol in your system.

An office can spot a DUI by observing his erratic driving, or by conducting field sobriety and chemical tests. You can refuse to a test, but it will give off a bad impression during your trial. It is better to consult an attorney prior to taking a chemical test if your state allows it. You must not panic when an officer stops you and maintain your calm. He will read you your rights if he plans to arrest you right away, but in most cases officers investigate a suspect properly before arresting him or reading him his Miranda rights. The officer might search your car as well if he isn't convinced that you are innocent.

If you are taken into custody, the Visalia police will present all the observations he made when he investigated you. You should know that having bloodshot eyes, shifting lanes on a clear road and zigzagging in the lane aren't always sound observations. Moreover, if he claims that he smelled alcohol on your breath, your attorney can refute his assertion on the basis that alcohol is odorless.


Before arresting or releasing you, an officer has to conduct a proper DWI process which has three phases. In the first phases, he observes your automobile. In the second phase, he has to investigate you and notice any DUI symptoms and in the third phase, he has to ask you to step outside so he can perform different tests.

The Field Sobriety Tests are a series of different exams that an officer asks you to undergo if he suspects you for DUI. These include walk and turn, one-leg stand and horizontal gaze nystagmus. In the first test, you are asked to walk in a straight line and then turn. The second test demands you to stand on a single leg and count, and in the last test, the officer places an object about a foot away from you and asks you to gaze at it for long. On failing any of these tests, an officer might charge you with DUI violation.

These tests are normally followed by Chemical Tests. The Breath test is the most preliminary of these tests. In this, you are required to breathe on a breathalyzer, and if it shows you are intoxicated, you are arrested. If you refuse to this test, you have to undergo a blood or urine test at the Visalia police station. In certain cases, the officers ask the suspect to undergo these tests even if he takes the Breath Test. In these tests, your blood or urine is tested for the presence of alcohol. If you have 80mg of alcohol/ 100ml of blood, or 107mg/ 100ml of urine, you are charged with DUI violation.

If you have been charged with DUI charges before, there is a good chance that your automobile may be impounded. If this happens, your vehicle will be confiscated by the officer and you won't be allowed to drive it. This is done to prevent such cases in the future. Normally, you can get your vehicle back after paying a fine.

At times, there are assenting defenses against DWI charges. For instance, you might be driving erratically to save yourself, or save another person from getting hit on the road; or you drive fast to prevent a serious situation from taking place; or you behaved that way as you were asked by an officer of law; or you had ingested alcohol without your will. In these cases, you should be able to defend your assertion. Your attorney may also be able to save you by showing that the officer stopped you improperly, or that the field sobriety, breath and chemical tests were unfair and their results were skewed.

If you were arrested, you would be released after you are given a court date. Within ninety days of being arrested, you can appeal the court to grant you a hearing for withdrawing the suspension. You are provided with a date within thirty days of submitting this petition. If you have never been charged with this crime before, you can apply for MDDP {Monitoring Device Driving Permit) which will allow you to drive.

When the date of your hearing arrives, you will have to appear in the court. The prosecutor and your attorney will exchange evidences and you'll enter an appeal of not guilty or guilty as advised by the lawyer. If you are found guilty, you might have to pay fine and take classes for alcohol education. However, if you are not guilty, you will be released.

If you were found guilty and were prohibited to drive for a certain time period, you would need to get a new license made if you wish to continue driving. Moreover, if your license was expired, you would need to get it renewed. In both cases, you would need to visit the DMV office in your area. Make sure that you get it renewed it on time because you might have to re- take the different driving related exams if you fail to get it renewed before the expiration date.

If you have been charged with DWI violation, it is best to hire a DUI lawyer as he has the necessary expertise to get you released easily, and can get your charged or punishment reduced. Make sure to opt for a lawyer who has an experience in this field and has worked on several cases of this sort.

To select a DUI attorney, ask him regarding his experience, victories, losses, years of practice, the number of cases he has taken to trial and whether or not he is covered by an insurance policy.

Do you have questions about a case? Visalia area criminal defense attorneys at Martens & Brusseau can assist you with criminal charges. With years of criminal defense experience, our firm has handled thousands of cases.  Attorneys here have the skills and knowledge needed to defend your rights. Serving the Visalia area, Martens & Brusseau can provide expert criminal defense counsel. CONTACT US AT 559-302-9722.



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