Challenging DUI Evidence: Murrieta DUI Lawyer
Arrested and charged with DUI? Let us review the evidence.
Many people who are arrested and charged with a DUI offense have never had a run-in with the law, and are naturally very concerned after a DUI arrest. Many choose to just plead guilty, take the penalties, and hope it never happens again. In fact, many cases have errors, and could be successfully defended.
At our firm, the Law Office of Nicolai Cocis & Associates, we have extensive experience in DUI defense, and we are well aware of the types of evidence that could be challenged. We should review your case information before you file a plea. You may be able to avoid conviction, or other benefit.
The Police Stop
When law enforcement pulls you over, they must have good reason to do so. You are protected from being stopped without probable cause, under the U.S. Constitution. You also cannot be stopped due to any type of racial profiling. You must have committed a driving offense, or be operating your vehicle in a manner that indicates intoxication, such as weaving, wrong way driving, speeding or other conduct.
There are many cases in which the evidence of intoxication was sketchy at best, and no driving infraction had occurred. If this is your situation, it may be possible to get the evidence suppressed, leading to a dismissal. We are ready to hear your side of the story.
Field Sobriety Tests
The police are intimidating. Many people don't realize that you are not required to perform field sobriety tests when asked. They try, and then fail. The purpose of field sobriety tests is to gain more evidence of intoxication. The tests are very subjective, and even under perfect conditions, correctly administered, the best of the tests (horizontal gaze nystagmus) has been found to be only 77% accurate. That means that almost ¼ of those who are believed to be over the limit are not. We need to review the administration of the tests, the conditions under which they were administered, and all other data to help in your defense.
Breath Test Evidence
The main evidence in a DUI charge is the breathalyzer results. There are various problems with breath testing units, particularly those used at the roadside. The breath test must be administered correctly for the reading to be valid.
Testing units can be improperly maintained or calibrated, or a certain unit may have had a history of errors. We seek out every detail about the test administration, the training of the officer in breath testing, the unit itself, and can call upon expert witnesses to bring forward evidence about the science behind the unit.
Call our firm today for more information about challenging DUI evidence.