Being charged with driving under the influence can be a confusing and frightening experience, especially if you don't know what to expect. One minute you’re driving down the road and the next, you see those dreaded blue and red lights flashing in your rearview mirror.
If you ever find yourself in this situation, it’s important to know that you can challenge the DUI charges and avoid serious penalties that may be handed down. The caveat is that you must have the right legal representation. Here at Taxman DUI Defense, our team of seasoned criminal defense lawyers is ready to step in and fight on your behalf to get your charges reduced or dismissed.
Here’s how we can help you beat a DUI case in Sacramento.
Basics of a DUI arrest
You will likely be asked to produce your driver’s license and any other relevant documents. If the officer believes that you were unable to drive safely, they will administer a bunch of field sobriety tests (FSTs), including blowing into a breathalyzer to measure your alcohol level. If you fail this test, the officer can officially arrest you and charge you with a DUI.
First things first, keep calm
If you get pulled over by an officer for driving under the influence, the last thing you want is to aggravate the situation. That would just make things infinitely worse. Stay calm and cooperate fully with the arresting officer.
Another reason to keep calm is so that you don’t say anything that could be detrimental to your case. Instead, focus on this specific sentence in your Miranda Rights —
“You have the right to remain silent. Anything you say can and will be used against you in a court of law.”
If arrested on a DUI charge, never admit to anything without your lawyer present.
4 common ways we can fight your DUI case in Sacramento
Our actual approach to your case will depend on a number of factors, including
If this is a first-time offense
If the breathalyzer showed a high Breath Alcohol Concentration (BAC)
If you were driving with a minor in the car at the time of the arrest
If you were driving at a reckless speed at the time of the arrest
If your driving resulted in serious injury or death
We will examine the details of the charges and build a strong case based on the facts presented. With that said, here are four common DUI defenses that we can mount to help you beat your Sacramento DUI charges.
1. DUI breath test errors
DUI breath test results are not always 100% accurate. Sometimes it could be a result of instrument malfunction or improper handling by the arresting officer. Other times, it could be due to your physiological conditions, such as your diet. If we can prove that the breathalyzer test results are inaccurate, that’s suitable grounds for the case to be dismissed.
2. The arrest was a violation of your constitutional rights
Taxman DUI Defense can also have your DUI testing results suppressed because of constitutional violations, usually your 4th Amendment Right to be free from unreasonable searches and seizures. This is one of the most common grounds for DUI court dismissals in Sacramento.
3. Absence of probable cause for the DUI stop
The arresting officer must be able to prove that they had reasonable suspicion or reasonable belief to stop your car and make the DUI arrest. If they cannot prove probable cause, then we can move for any evidence brought against you to be suppressed. No evidence, no conviction.
4. Due process was not followed
There are strict regulations for how DUI stops and arrests must be conducted under California DUI law. For example, a supervising officer is required to oversee DUI sobriety checkpoints. Also, all DUI checkpoints must be publicly announced in advance. Another important requirement is that the officer conducting the DUI blood/breath test must follow the guidelines set forth in Title 17 of the California Code of Regulations. If any of these requirements are not satisfied, we can effectively challenge the legality of your DUI arrest.
Do you need a DUI lawyer in Sacramento?
Contact Taxman DUI Defense today! Let us work with you to understand the specifics of your case and build the best possible defense against your DUI charges. Call us now at (707) 758-2030 or reach us through our contact form to get started with a free consultation.