San Jose DUI Attorney Recommendations
Tips for Facing DUI Charges
DUI cases are considered serious charges in California. Harsh penalties, a criminal record, and possible damage to your reputation can result from such criminal offenses. Doing nothing, entering a guilty plea, and hoping for the best can prove disastrous for you. You need the dedicated defense of an attorney to protect your freedom.
At The Law Offices of Adam Allen Arant, Esq., our lead DUI lawyer in San Jose is highly skilled at defending DUI cases.
Some of our recommendations for successful DUI defense include:
- Be polite and respectful to law enforcement when pulled over. Give the officer your license, address, phone number and insurance information. But exercise your 5th Amendment right to not answer any potentially incriminating questions until you have an attorney present.
- You have the legal right to decline taking field sobriety tests.
- If you are over 21, you can legally decline a handheld or portable breath test. If you are under 21, you are legally required to consent to the portable breath test, or risk immediate suspension of your license.
- If arrested, contact a highly qualified DUI attorney as soon as possible.
- Once at the police station, agree to the required chemical test (breath or blood). If you refuse to do so, you face license suspension, possible jail time, and the refusal can be used as evidence by prosecutors in your DUI case.
- Make sure you or your attorney calls the DMV Driver Safety Office within 10 days of your arrest, and requests a DMV hearing, to purse license reinstatement.
Can I Beat A DUI Charge?
In a word, yes. Now the explanation; if the facts of your case reveal that a mistake was made in the way your breath, blood or urine test was handled, a mistake was made in the way you were pulled over and stopped or the police failed to follow protocol after they pulled you over, in the hands of an experienced DUI attorney, your case could be dismissed or reduced to something less than a DUI.
The most effective way of beating a DUI is being able to prove the lack of probable cause for the police to pull you over and stop you in the first place. All evidence that is obtained from the result of an illegal stop will be suppressed and inadmissible against you. With no evidence, the state cannot prove their case against you. The case will therefore either be withdrawn or dismissed.
If the police did have probable cause to pull you over, but they did not follow proper procedure when administering your breath test, such as using faulty equipment or not waiting the proper amount of time before giving you the breath alcohol level test, the results of your breath test will be suppressed and will be inadmissible against you. This will usually result in a reduction of the charges, unless the officer's testimony that you looked or sounded impaired carries more weight with the judge or jury.
Legal Defense for Those Accused of DUI
You both need and deserve experienced criminal defense counsel that will aggressively assert your rights. Our firm guarantees personal and professional attention to your DUI case. We also do everything we can to make our services affordable.
Call us today for a confidential consultation: (408) 692-7321.