Fighting a DUI Case

Posted by on

A DUI can have very serious consequences on your personal and professional life, however, just because you are arrested for DUI doesn’t mean you have to be convicted. Fighting a DUI case requires the skills of an experienced Fresno DUI Attorney. There are numerous defenses that an experienced drunk driving attorney can reference to fight on your behalf.

“How do I go about fighting a DUI case?”

Your first step should always be contacting a DUI attorney who can examine the details of your case and provide honest feedback on what your best defense options may be. It is important to remember that law enforcement has specific guidelines they must follow when making a DUI stop and arrest. Let’s look at some options that may be used in your defense.

DUI Prosecutors
DUI prosecutors will typically focus on your driving pattern leading up to when you were stopped. The arresting DUI officer may testify that you were driving in a manner that suggested you were under the influence of drugs or alcohol. These patterns may include speeding or weaving in and out of lanes. Many are not aware that speeding, as well as other violations, are not recognized by the National Highway Traffic Safety Administration as characteristic of drunk driving.

Physical appearance
Law enforcement has specific things they look for when arresting someone for DUI. The arresting officer may testify that you were under the influence of drugs or alcohol because you had:

  • Red, watery eyes
  • Slurred speech
  • Flushed, red face
  • Alcohol odor on your breath
  • Unsteady gait, unbalanced

A skilled DUI attorney can help defend you in fighting a DUI case by seeking to further elaborate and explain how these symptoms came to be. Just because an officer has indicated that you appeared a certain way does not mean that you are guilty of driving under the influence. Other factors may have contributed to your appearance that were not related to alcohol such as allergies or medication.

Field Sobriety Test
When fighting a DUI case, the results of the field sobriety test often play a part in the prosecution’s case. The arresting officer will typically state that you performed poorly on the field sobriety test and that you were unable to follow instructions due to your impairment. Field Sobriety Test results are often challenged in DUI cases as not being reliable. An experienced DUI attorney can also question the officer as to whether or not they followed the correct procedures when conducting the test.

BAC levels aren’t always accurate
A qualified DUI attorney knows that when fighting a DUI case every avenue should be examined. California DUI Law states that a Blood Alcohol Content of .08% or more makes it illegal to operate a vehicle. Believe it or not, BAC levels are not always accurate due to the following reasons:

  • The breathalyzer test may have not been properly calibrated or may have had a technical error.
  • Your blood sample may have not been passed through the proper chain of custody.
  • The testing equipment may have taken an improper sample.

Fighting a DUI case requires the skills of an experienced DUI attorney. DUI cases can often be complex, scientific, and very technical. When fighting a DUI case you need an attorney who can defend you and represent your best interests. If you or a loved one has been arrested for a DUI please contact The Law Office of Gregory W. Fox to discuss fighting a DUI case. We will walk you through the process, explain your available options, and explore all possible defenses. You can reach us at (559) 222-5800, in most instances an appointment can be scheduled for the same day.

If you have any questions regarding the services provided at the Law Office of Gregory W. Fox,
or would like to schedule your free initial consultation, please contact us today at (559) 222-5800. Hablamos español.