Milpitas DUI Charges Defense
Defense Against DUI Charges in Milpitas, California
The punishment for DUI offenses in Milpitas are severe. Because of the level of punishment you can face, it is extremely important to hire a high-quality DUI Lawyer to assist you in defending the case.
What to Do if You’re Facing DUI Charges in Milpitas, CA
The specific DUI charges defense will always depend on the facts of the case. There are some generic defense strategies that have been proven to be effective at trials but only the finest DUI lawyers in Milpitas can effectively counter the charges put forth by the prosecution, assisted by the law enforcement. You must immediately appoint a specialist DUI lawyer in Milpitas, California, when you are arrested and charged with DUI.
As reputable and experienced defense lawyers pertaining to DUI charges in Milpitas, we have many years of experience in successfully defending our clients charged with a DUI. We have shown consistent results, largely due to our vigorous cross-examination of prosecution witnesses as well as our ability to target technical insufficiencies during trial. Contact us immediately if you are facing charges for a DUI in Milpitas, CA. The faster you contact us after the offense happened, the better. That way, we can start immediately to build a solid case to defend you.
Nature of DUI Charges Defense in Milpitas, California
There are different types of DUI charges. The most severe is the DUI manslaughter charge, in which case the accused has been involved in an accident while drinking and driving or driving under influence. Such a charge is a felony and akin to homicide or second degree murder in the state. The second most serious DUI charges pertain to accidents that have caused bodily injury but not death and possible damage to property. Standard DUI charges are also a felon as impaired driving is a criminal offense in California. You must seek immediate legal counsel for an effective DUI charges defense in Milpitas. This is regardless of the specific severity of the charges.
DUI charges are established or substantiated on the basis of technical evidence. Should the prosecution have enough technical evidence to prove the accused to be guilty in a court of law, the case will go to trial and the prosecutor will fight it hard to get a conviction. DUI charges routinely go to trials and convictions are also high. However, you can beat a driving under influence charge. You need a deft trial lawyer who can mount an effective DUI charges defense in Milpitas, CA.
We have the most reputable and experienced defense lawyers who can fight the DUI charges in a myriad of ways. Our DUI lawyers in Milpitas are experts at cross-examination of prosecution witnesses, they are completely familiar with the various technical evidences that the law enforcement may amass and provide the prosecutor, they are specialists in constitutional rights, titles and charters that are relevant in such cases, they can cite procedural lapses in the process of arrest and also use various defense strategies to beat the charges of driving under influence.
Do Not Hesitate To Contact Us If You Have Received A DUI Offense in Milpitas
Types Of DUI Charges:
Consequences Of A DUI:
Charged with DUI s for BAC Exceeding 0.08%
It is illegal for underage drivers to be drinking or under influence while at the wheel. Underage drivers are aged under twenty one. California has a zero tolerance policy for underage drinking and driving. Adults or people older than twenty one can drink and then drive later but not when the blood alcohol concentration is more than 0.08%. This is an equivalent of 80mg of alcohol per 100ml of blood. This blood alcohol concentration level is the strongest technical evidence of the prosecution against an accused. However, it is possible to counter this evidence in different ways.
The best DUI lawyers in Milpitas have the knowhow to dispute the process leading up to an arrest. The police officer stopping a vehicle and conducting a breathalyzer test must have sufficient reasons to suspect that a driver is drunk or impaired while driving. There cannot be a random checkpoint or a test without any reasonable ground for suspicion. The test should be conducted using an approved screening instrument, known as a breathalyzer. The instrument should be calibrated properly. The driver should not have taken any mouthwash or product containing alcohol during the few minutes before the test. The result of the test should also be conclusive and establish beyond reasonable doubt that the driver was drunk while driving.
Drug Evaluations associated with DUI Charges in Milpitas
The different DUI charges are based on the severity of the offense and also the cause of impairment. Drivers may be intoxicated due to alcohol consumption, drugs, marijuana and other substances. It is not uncommon for drivers to be under the influence of alcohol and drugs. The initial breathalyzer test paves the way for further drug evaluations should the driver fail. There are field sobriety tests. The arresting officer will also consider blood and urine tests to prove that the driver is indeed impaired at the time. All these test results are then consolidated to build a case wherein the DUI charges are proved beyond all doubt. It is hence mandatory to have an expert lawyer to build an equally strong DUI charges defense.
The field sobriety test for preceding DUI charges in Milpitas usually includes the Horizontal Nystagmus Test, the Walk-and-Turn Test and the One-Leg Stand Test. These tests establish if a driver is impaired and hence incapable of driving. The field sobriety test is not always executed in a perfect manner and hence there is room for a strategic DUI charges defense. All drug evaluations and tests can be questioned on the basis of the procedure undertaken. The screening instruments are assessed to establish if they are approved as per the law. The test results should be inferred by a certified technician.
The breathalyzer test is not always conclusive. It does not detect the exact level of blood alcohol concentration. It simply shows fail if the blood alcohol concentration is over 0.1% and displays caution if it is in the range of 0.05% to 0.1%. Blood alcohol concentration at 0.05% or slightly more is not prohibited by law for drivers, unless one is younger than twenty one. The breathalyzer test result is routinely challenged in a trial and often DUI charges are unsubstantiated due to procedural lapses.
Appoint an Elite Milpitas DUI Lawyer to Fight DUI Charges
Different DUI charges demand distinct defense strategies. It is unwise to have a generic plan or to use tactics that may be irrelevant in a given case. Only the best DUI lawyers in Milpitas can get down to the ground, investigate the case, inspect the scene, examine and cross-examine witnesses, study the tests and fight the case on the basis of technical evidences. The best trial lawyers can also use rights, titles, administrative procedures and statutes of different laws to get DUI charges dismissed by the court or dropped by the prosecution.
Milpitas DUI Defense Attorney