Typically, DUI charges are legitimate and also the officers making the DUI stop have valid reasons. Unfortunately, not every situation has justice that's administered properly. Because of this you need to work with a Sacramento DUI lawyer to help you make sure that, if you were charged with an offense, your civil rights weren't violated during this process of being stopped and checked for DUI. Like other people, police officers can make mistakes. Quite frankly, a small percentage of law enforcement officials and peace officers nowadays don't hesitate before stamping all over your civil liberties, just to get that arrest. It's sad but true.
There are many good reasons for you to be concerned and frightened once you have been arrested for drunk driving. A conviction for DUI can really change your life in ways that you simply would never imagine. Your lawyer will review not only the arrest but even the circumstances around the arrest. It is possible to have the DUI charge thrown out of court when the DUI stop wasn't warranted.
Legal DUI Stops and Arrests
A police officer within the state of California has a right to stop any motorized vehicle on the roadway if he has a reason to think that this person driving could be intoxicated. One manifestation of this can be when the police officer sees you driving in a manner that is suspicious, such as driving erratically. Police officers might also suspect you're driving drunk or intoxicated when you go through a sobriety check point while acting in a way that indicates that you could be intoxicated. For example, when you smell of alcohol, have slurred speech, or if perhaps there's an open container within your vehicle, if your eyes are blood shot, etc., then any reasonable person could assume that you've been drinking.
Field Sobriety Test
If the officer thinks that you might be DUI, he has to administer one or more field sobriety tests to determine sobriety or intoxication. These tests can involve walking a straight line, touching your nose using the tip of your pointer finger, or counting backwards from 100. He may also ask you to submit to a breathalyzer exam. This is a simple test that involves you blowing right into a machine that will measure your BAC (blood alcohol content). If the BAC is over 0.08, then the law considers you officially intoxicated and you are going to be arrested. If you're under age and your BAC is more than 0.0, then you can be arrested for DUI, too.
How to Get Your DUI Dismissed from Court
Without legal cause to stop you, or sufficient evidence to suspect that you are drunk, your DUI arrest can be deemed invalid and illegal. If you were stopped on suspicion of DUI and also there wasn't any reason to suspect that you could be drunk, the charges against you may be thrown out if you have a good Sacramento DUI lawyer working for you. This is true even of instances that you were above the legal limit. Find out if this defense is a good choice for the circumstances surrounding your DUI arrest by consulting your lawyer right away.
There are many good reasons for you to be concerned and frightened once you have been arrested for drunk driving. A conviction for DUI can really change your life in ways that you simply would never imagine. Your lawyer will review not only the arrest but even the circumstances around the arrest. It is possible to have the DUI charge thrown out of court when the DUI stop wasn't warranted.
Legal DUI Stops and Arrests
A police officer within the state of California has a right to stop any motorized vehicle on the roadway if he has a reason to think that this person driving could be intoxicated. One manifestation of this can be when the police officer sees you driving in a manner that is suspicious, such as driving erratically. Police officers might also suspect you're driving drunk or intoxicated when you go through a sobriety check point while acting in a way that indicates that you could be intoxicated. For example, when you smell of alcohol, have slurred speech, or if perhaps there's an open container within your vehicle, if your eyes are blood shot, etc., then any reasonable person could assume that you've been drinking.
Field Sobriety Test
If the officer thinks that you might be DUI, he has to administer one or more field sobriety tests to determine sobriety or intoxication. These tests can involve walking a straight line, touching your nose using the tip of your pointer finger, or counting backwards from 100. He may also ask you to submit to a breathalyzer exam. This is a simple test that involves you blowing right into a machine that will measure your BAC (blood alcohol content). If the BAC is over 0.08, then the law considers you officially intoxicated and you are going to be arrested. If you're under age and your BAC is more than 0.0, then you can be arrested for DUI, too.
How to Get Your DUI Dismissed from Court
Without legal cause to stop you, or sufficient evidence to suspect that you are drunk, your DUI arrest can be deemed invalid and illegal. If you were stopped on suspicion of DUI and also there wasn't any reason to suspect that you could be drunk, the charges against you may be thrown out if you have a good Sacramento DUI lawyer working for you. This is true even of instances that you were above the legal limit. Find out if this defense is a good choice for the circumstances surrounding your DUI arrest by consulting your lawyer right away.
About the Author:
Charged with a DUI? You need a trustworthy Sacramento criminal defense lawyer to represent you! Contact the Law Offices of Brianne Doyle at 916-806-6400. She's a wonderful Sacramento criminal attorney who can give you the help needed to make it through your arrest.