Milpitas Driving Under the Influence Defense
Driving Under the Influence Defenses in Milpitas
DUI cases have a high win probability. There are some DUI cases that are unwinnable for the irrefutable evidence put together by the law enforcement and the prosecution. Defendants may consider plea bargains for a charge reduction and hence lenient sentencing in such cases. Appoint a specialist DUI lawyer in Milpitas to prepare your defense, even if it is a plea bargain that needs to be negotiated.
The Right Approach to Driving Under the Influence Defenses in Milpitas
There are many approaches to DUI charges and the facts of a case will demand a specific strategy. There is enough scope to build an effective counterargument to the claims presented by the prosecution. Since DUI is a criminal offense and the punishments are severe even for first time offenders, the first thing you must do is seek legal counsel. It is not wise to try and work on your own DUI defense in Milpitas or anywhere in the state of California where one of the strictest driving under the laws in the country is in force.
Our DUI lawyers swing into action immediately after the incident is reported. Time is of essence in such cases as the scene needs to be visited and inspected, eyewitnesses must be found and talked to, facts must be investigated and all evidences should be taken into consideration to have everything documented from the outset. Our attorneys can find out everything about a case, work on the ground and then explore the entire realm of law to come up with an effective defense strategy.
Common Driving Under the Influence Defenses in Milpitas
Driving under the influence of alcohol is not a complicated premise as there are clear rules as per the law, not only relevant for the defendant but also applicable for the law enforcement and the prosecution. Charges of drugs or marijuana DUI are slightly more complex because there is no simple blood alcohol concentration and definitive testing upfront to establish the case against the defendant. This makes matters a little simpler and complicated for both the prosecution and the defense. Yet, astute DUI defense lawyers in Milpitas can find ways to completely counter the arguments and claims of the prosecution.
Here are some of the common driving under the influence defenses used in Milpitas, California: :
- Lack of cause for an officer to demand the initial stop.
- Errors in administrative processes, including breath and blood tests.
- Indication that the defendant in not impaired during sobriety tests on the field.
- Violation of the Miranda Rights.
- Arrest without the right implementation of the relevant law, in letter and in spirit.
- Insufficient evidence or circumstantial speculation without any hard substantiating facts.
Do Not Hesitate To Contact Us If You Have Received A DUI Offense in Milpitas
Types Of DUI Charges:
Consequences Of A DUI:
Effective Arguments for DUI Defenses in Milpitas
There can be many loopholes in the case presented by the prosecution. The police may go wrong somewhere. The court or the specific law enforcement department may not have jurisdiction at the site where the defendant was stopped and subsequently booked.
The date and time of the incident should be noted without any errors, there should not be any mistaken identity in the case, the court should have jurisdiction and the law enforcement should not have put one foot wrong in the entire process, there should be convincing evidence or irrefutable proof that the accused was indeed impaired and under the influence, there must not be any reasonable doubt that the defendant failed the sobriety test and other tests, be it breath, blood or urine, at times many of them.
Blood alcohol concentration of 0.08% or 80mg of alcohol in 100m of blood is the limit. Breathalyzers do not measure the actual blood alcohol concentration. It simply signals a range and says if the driver fails the test, is in the caution phase or has no alcohol and hence passes the test. Only a blood test can determine the exact level or traces of alcohol and this takes time. The right procedure must be followed as well. In case of marijuana and drugs, the tests are complicated and expert witnesses are brought in to assist. These provide grounds for potential driving under the influence defenses in Milpitas. Not all evidence is admissible in the court.
Sentences following DUI Convictions in Milpitas
The state law is one of the most stringent in the country. The fines are hefty and there are other punishments. The fines vary across the state and on the basis of severity of the offense. The first offense, second and third offenses or violating the three strikes law have proportionally increasing fines.
First time offenders pay a fine of up to a thousand dollars. There is probation of up to three years and the license is suspended for up to six months.
Second time offenders pay a fine of up to a thousand dollars. There is probation of up to three years and the license is suspended for up to two years. There can be a jail sentence for up to a year.
Third time or serial offenders pay a fine of up to a thousand dollars. There is probation of up to five years and the license is suspended for up to three years. Jail term is minimum one year.
Always seek legal counsel before you think of anything else. Hire a DUI defense lawyer who is a specialist in trials. You should also consider DUI defense lawyers in Milpitas who specialize in plea bargains if you have an unwinnable case.
Fines for Drinking and Driving under the Influence Convictions in Milpitas
The laws related to driving under the influence are enacted both by Congress and the Federal government of the United States. Therefore the fines and punishment may vary depending on the state. However, the minimum quantum for punishments is:
- For a first offense, 6 month license suspension, three year probation, and up to $1000 fine.
- For a second offense, 24-month license suspension, three year probation, up to one year jail sentence and a $1000 fine.
- For a third or subsequent offense, 36-month license suspension, five year probation, one year jail sentence and fine up to $1000.
Choose an Elite Milpitas DUI Lawyer To Fight Your Driving Under the Influence Charge
Our experienced and skilled impaired driving lawyer has successfully defended clients in drinking and driving under the influence cases in courts all across Milpitas, California. Our investigators often visit the scene of the incident to get first-hand information on the case. In so doing, we are able to go into the depths of the case in order to build a defense based on countering the prosecution’s evidence and being able to cross-examine witnesses. We also rely on the federal Constitution and its various rights to build our case in defending you. The different strategies that we have used have always been successful in the courts of Milpitas, California. Give us a call to learn more about how we can defend you against driving under the influence offenses.
Milpitas DUI Defense Attorney