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 felony or 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.