Drunk driving prosecutions are a political crime, being pressed by the same mentality that gave us the 18th Amendment. At KIA LAW FIRM, we vigorously defend against those accused of these offenses.
You driving pattern is often an issue on these type of cases. The arresting officer will attempt to provide expert testimony that you were driving in a manner consistent with someone who was under the influence. Most often, they will include facts that you were weaving within your lane, speeding, or making unsafe lane changes, among other traffic offenses. An experienced DUI lawyer can contest this allegation by showing all of the ways that you drove properly and safely. In reality, the majority of traffic offenses are committed by sober people. The National Highway Safety Administration (NHTSA), one of the leading authorities on DUI, has not indicated that speeding is not a characteristic on drunk driving.
At KIA LAW FIRM, we routinely contest the boilerplate and common statements by the arresting officer that you had red-watery eyes, slurred or thick speech, the odor of alcoholic beverages and other supposed related symptoms. These so-called objective signs of intoxication are all listed on a pre-printed DUI arrest form used by many law enforcement agencies. These DUI arrest reports allow an officer to easily mark off that you displaced these symptoms without any further elaboration.
It is entirely possible that you were tired, had on contacts, were fatigued or have naturally occurring red-watery eyes. A knowledgeable DUI attorney will demonstrate that actual alcohol has no odor. Non-alcoholic beer would have the same smell as the alcoholic beer.
We then turn to the field sobriety tests (FSTs). While many people don’t know that they can refuse to take the FSTs, we must deal with the best arguments in defending against these ridiculous tests that realistically don’t measure impairment. The FSTs are heavily relied on by the prosecution to conclude that you were guilty of drunk driving. They will argue that you performed poor on the tests because you were not able to follow simple “instructions” based on your impairment.
Clearly, your physical condition, coordination, nervousness and other issues will affect your balance and coordination. Our role as criminal defense lawyers is to elicit testimony as to how sober people can often fumble with instructions, or be unable to stand heal to heal while receiving instructions if the defendant is over 6 feet tall. Often, officer will claim that you swayed during a test. Swaying is normal!
There are other defenses that we would employ such as the 15 minute observation period violation, rising blood alcohol defenses (your blood alcohol concentration was rising when you took the test), and whether the tests were done in accordance with California law.
There are also other issues if you were stopped at sobriety checkpoint. At KIA LAW FIRM, we will address and review all applicable facts, law and defenses related to your case.
You must remember that the state must prove that your blood alcohol concentration was .08 or more at the time of driving, not at the time of the test. An experienced lawyer can help you fight these charges, save your license and thousands of dollars in fees and classes.
Since public transportation is minimal in Southern California, for those who lose their license, this could be a costly and damaging criminal conviction. Call KIA LAW FIRM for an in-person free consultation today.