When you are charged with a DUI violation in the state of California, it’s no question that you should seek the legal protection of an experienced DUI defense attorney as soon as possible. Nonetheless, it’s also necessary that you are sufficiently aware of the defences you may raise against such charges. While you will certainly need appropriate legal representation in court, it’s also crucial that you have a more or less solid grasp of your case. This will help you understand the course of action taken by your attorney and deepen the lawyer-client relationship between you two. Take note that you have to see eye to eye with your attorney on the defences that will be formulated on your behalf for things to proceed more smoothly in your favor.
The first thing you should be aware of is the proper procedure that should have been undertaken by an arresting officer prior to your arrest for a drunk-driving charge. This plays a major role in the formulation of your defense because if the arresting officer didn’t observe the mandatory steps or did the same improperly, your defense attorney can use this to tip the scales in your favor. For example, you should keep in mind that prior to giving you a breath test, the arresting officer must conduct a proper 15-minute observation period. If he forgets to do so and lets you take the breath test immediately or conducts the same inappropriately like doing paperwork during such period, this can be a good defense in your behalf.
Moreover, you should also be quick to note whether or not the arresting officer advised you of your constitutional rights, specifically your Miranda rights. This is elementary in any kind of criminal procedure. If the arresting officer didn’t follow the same or did so in an improper manner, your defense attorney can even get your case dismissed. The same can be said for the conduct of other mandatory procedures such as the blood or breath test. Since this is very crucial to the arresting officer’s report, he should observe the mandatory guidelines in the administration of the tests. This includes the maintenance of the testing instruments used and care in the collection, handling, and storage of the samples. Once your defense attorney can discover a loophole in the administration of the tests and the handling of the samples, the entire charge can be compromised and the probability of having your case dismissed becomes higher.
For your own protection and guidance, consult with a DUI defense attorney at the earliest possible opportunity and take the time to orient yourself with the latest legislations or revisions on DUI violations in the state.
