Release Following a DUI Arrest
When a driver is arrested for DUI, he or she may be released on their written promise to appear in criminal court to face their DUI charges. However in some cases, bail is necessary to be released from jail. Bail is an amount of money or property posted with the court as security to ensure the arrested person will appear in court.
Locating a reputable bail bondsman is necessary when a bail is required. A bail bondsman provides the bond to ensure the court appearance of the arrested person. Our law office has solid relationships with bail agents and may be able to obtain the services of a bail agent at a substantial discount. Therefore, it is a good idea to contact our DUI law firm prior to contacting the bail bondsman.
An arraignment is scheduled after DUI charges are filed against a driver. An arraignment is a court hearing where a person will enter a plea of “not guilty”, “guilty” or “no contest” to an offense he or she is being charged with. When a person pleads guilty or no contest, a sentence will be immediately imposed by a judge. If the person pleads “not guilty” the judge will schedule further hearings. Our DUI attorney can appear on your behalf at an arraignment. This will help you save time and embarrassment from having to make a personal appearance in court. This is especially beneficial to those with work and family obligations.
Defending Your Case
Most people assume that just because a breath or a blood test result shows that a driver was intoxicated, that a case is not worth fighting. It is important to remember that in a criminal case, person is innocent until proven guilty beyond a reasonable doubt. There are various defenses available for a DUI charge. By working with a skillful DUI attorney, a person can greatly increase the chances of building a strong defense against a DUI conviction.
In the criminal justice system, the burden of proof is on the Prosecutor. That means that in order to get a DUI conviction, the Prosecutor must convince a judge or jury that you are guilt beyond a reasonable doubt. In California, all 12 jurors must be convinced in your guilt beyond a reasonable doubt. This means that even if one juror votes "not guilty", the jury is hung and the case is usually dismissed.
Although the Prosecutor will use four specific aspects to gain a DUI conviction, they can be disputed to get a DUI dismissal. Compare the aspects to the four wheels in an automobile. If any of the wheels are missing, a car will not go anywhere. An accused should be acquitted if there is reasonable doubt regarding any aspect of the case. Here are some ways our DUI law firm will challenge these four aspects to help you get your DUI charge dismissed:
1. Physical Symptons
Physical symptoms may appear to be convincing evidence of guilt, but can be used as an opportunity to point out the police officer’s poor investigation method. For example, an officer will often emphasize red, watery eyes as a symptom of intoxication. Yet, the officer may have failed to ask the driver if he or she is fatigued, has allergies or if there is any other reason for red, watery eyes. An odor of alcohol on the breath can also be misleading. Police officers are often embarrassed when they are forced to admit that it is the mixer in a drink that has an odor and not the alcohol.
2. Driving Pattern
The driving pattern that a police officer usually reports is incomplete and one-sided by only noting things that the driver does wrong. An expert DUI attorney can point out things that his client did right and how the driving pattern was consistent with sobriety.
3. Field Sobriety Tests (FSTs)
This is one of the easiest aspects to be thrown out by a skilled lawyer. These random, biased acrobatics have nothing to do with driving skills. It is reasonable to understand that a person’s agility may be impaired when scared and forced to perform roadside gymnastics.
4. Chemical Testing
The test results must first be proven to be accurate and reliable in order to be accepted. Even if the machines used in the DUI arrest are working properly, there are still issues relating to the alcohol level at the time of driving. This is the most crucial piece of a chemical test in a DUI case. Our DUI lawyers can demonstrate that someone who has a .12 blood test result at the station was really a .06 while driving. Our DUI firm will thoroughly investigate factors such as:
· Stomach content
· Absorption rate
· Time drinking occurred
· Time driving took place
· Time the tests were taken
Hiring a skillful and reliable DUI attorney is a very important step when charged with a DUI offense. Our Santa Cruz County DUI law firm can protect your rights and inform you of your legal options. Our DUI lawyers will thoroughly investigate the conditions of your arrest and represent you during your court and DMV hearings. We will also provide the resources and aggressive DUI defense you will need to successfully fight your DUI charges in Santa Cruz County.
Contact our DUI lawyers today for a consultation!
Do not be in denial or assume your case is lost without first consulting with a knowledgable DUI attorney! We have helped people charged with DUI in Santa Cruz County for many years. Our DUI attorneys have the education, skills and experience to defend you against a DUI. Contact us today to retain the services of a knowledgeable and trustworthy DUI defense lawyer.