California DUI Defense: Criminal Case Options

A California DUI defense attorney can help you with your criminal and DMV cases. You will first be arraigned after your DUI arrest and given the opportunity to speak with an attorney. It is in your best interest to do so at the outset of your case. Hiring an attorney who can walk you through the complicated legal system can be your saving grace at this difficult time in your life. The DMV hearing happens within two weeks of your case being established, so you will need to act fast to attempt to retain your driving privileges.

Lines of Defense in Your California DUI Case

There are many DUI cases that are the result of mistake or improper police procedures. An experienced attorney can go over the facts of your case to see if any impropriety in the process can help you defend yourself in court. Some of the defenses that have been successfully used to defend California DUI cases include:

• Failure to establish that the driver was in control or actually driving. It is up to the prosecutor to establish facts to prove guilt. If there is no witness to establish that you were driving, then it is difficult to prove a DUI occurred.
• Lack of reasonable suspicion. If the police did not have adequate reason to pull you over in the first place, an attorney may be able to suppress evidence that was gathered after the stop. Essentially, when this defense is successful, the case is usually dismissed for lack of evidence. 
• Systematic stops were not properly administered. While police are allowed to establish DUI checkpoints for public safety reasons, they must do so in a systematic way. They also have publishing requirements. If they are not following the procedural laws in administering a checkpoint, this could be used as a defense to bar illegally obtained evidence in your DUI case.

An attorney will be in the best position to help you decide which defense would be best in your DUI case.

Hiring an Attorney

An experienced California DUI defense attorney can help you to get the best possible outcome in your case. While you may be apprehensive to retain an attorney, there is no reason not to hire an attorney when your future is at stake. You may be surprised by the outcome an attorney can get you as opposed to what you can do on your own in court.