Even if the stop is lawful, you should challenge the accuracy of the blood/ breath test results of equipment used to measure you blood alcohol content. The first thing an experienced DUI lawyer should do is demand the periodic determination of accuracy documents that all law enforcement agencies and crime labs are required to maintain to prove that their blood/breath /urine test instruments were working
Even if You are Seen Driving, You May Be Entitled To Challenge the Lawfulness of the Traffic Stop. The first reason you need a lawyer if you are arrested for of DUI is that when you are arrested for drunk driving, the prosecution has the burden of proof that you were lawfully stopped in the first place. An experienced lawyer should always review the arrest
In my opinion, the no driving defense is the best defense because it is the defense most jurors will often rely upon to acquit. Most of the time, the arresting officer sees the motorist driving before the stop, so the “no-driving” defense will not fly. Sometimes, the arresting officer has not actually seen the suspected driver drive the car because the car was crashed into
I always recommend hiring an experienced criminal defense lawyer when charged with any crime to make sure that if an accused must plead guilty, the accused is satisfied that the prosecution can indeed prove beyond a reasonable doubt all of the elements of the offenses. When you are arrested for driving under the influence you are charged with a violation of California Vehicle Code
