Campbell DUI Lawyer
Arrested for DUI and Need Committed Legal Help?
One of the most common
DUI myths that we hear, when a person has been
charged with a DUI, is that defense of the charges is not possible, or that one has to settle
for whatever penalties the court will impose. Fortunately, at The Law
Offices of Adam Allen Arant, we know that this is most definitely not
the case. Having gained valuable experience working at the Sacramento
law firm of Diepenbrock Harrison, our lead Campbell DUI attorney is a
graduate of the University of California, Davis school of Law and is ready
to give you the DUI defense required to produce a positive conclusion
to the charges against you. We are a religious and moral firm who prides
itself on our ethical conduct towards those who seek our help. We work
at the most competitive rates and offer payment plans when this is required.
So let's take a look at what can be done, no matter if this is your
first offense or a
multiple DUI arrest, an
underage DUI, an incident that resulted in injury, a
commercial DUI or a
vehicular manslaughter charge.
Currently, Campbell is participating in an effort by law enforcement to
crack down on DUI arrests during the holidays. An arrest for driving under
the influence usually begins with a
traffic stop or some indication of driving under the influence of alcohol or
drugs. An officer must, however, follow specific protocol in what led him or
her to suspect you of a DUI. They also have specific procedures that need
to be adhered to precisely in the arrest of a suspect. In instances where
we can show that a police stop was not justified by the law, it can prove
to be a fatal weakness in a prosecutor's case. Evidence that is gathered
based on an unlawful arrest cannot be used in court. Without sufficient
and compelling proof against you, a prosecutor will likely not want to
pursue your case.
If a police officer suspects that you are driving under the influence,
field sobriety tests can be given in order to show that you were impaired. These tests were
developed decades ago by the National Highway Traffic Safety Administration
who themselves state that they are not completely reliable. Field sobriety
tests are physical activities such as hopping in place on one foot, walking
an arbitrary straight line without losing balance and other actions. Many
of these tests would be routinely failed by a person who is not intoxicated
at all. There are a multitude of physical, medical and mental factors,
not driving while intoxicated, which can make it difficult to impossible
for some individuals to pass these tests.
A committed Campbell DUI attorney knows what to look for and question on
these tests to see if they were correctly conducted and if there were
other elements which may have caused a test to be failed. These tests
are subjective and the results are based on what an officer feels they
observed and why. Significant doubt can many times be raised as to the
validity of these tests and what they show but it takes an attorney who
understands them and how to use their flaws to your advantage.
Can DUI Breath or Blood Test Evidence Be Wrong?
California DUI laws contain the clause that when you obtained your driver's
license you gave implied consent to submitting to a
breath or blood test if you are suspecting of driving under the influence. Your refusal to
comply with the implied consent law can result in a
license suspension of a minimum of one year and increased DUI penalties. There are inherent
problems with both breath and blood tests that can make the data from
them incorrect or unusable by a prosecutor.
A valid blood test must have a sample drawn by a trained technician. This
person has to follow certain procedures to sterilize where the blood is
drawn from and the sample obtained cannot be contaminated and blood clotting
must not take place. Your blood must be properly stored and any person
who handles the sample must be correctly accounted for. Our Campbell DUI
lawyer looks for any possible errors in these protocols to get your sample
dismissed from evidence. At times, we can use what was done as an effective
criminal defense tool against the blood alcohol content that is being alleged in your case.
DUI Defense in Campbell, CA
Similarly, breath tests can be done in such a way that their accuracy can
be placed in doubt. If the standard procedures for carrying out breathalyzer
tests were not adhered to by the police, the results may not be valid.
The machine used to perform the test must be correctly maintained and
calibrated in order to have any hope of accuracy.
There are known flaws in the use of breath tests that we strive to take
advantage of when needed. There are many
recommendations that we have for skilled defense of your DUI arrest. You need only
contact us and our Campbell DUI lawyer so that work can begin on the safeguarding
or your rights and liberties.
Campbell Resource Links
DUI Info Center
Map of Campbell, CA