A DUI charge is a serious offense that needs an experienced attorney when it is time for a defense. A DUI lawyer understands the ins and outs of California DUI laws and the many intricacies involved that can undo a case a prosecutor has against you. When preparing your defense, he goes back to the beginning of how the charge came about and what went on with the officer who stopped you.
Often, this took place at a DUI checkpoint set up by the police, a very common practice in the central valley. When a DUI attorney begins investigating a case where a DUI checkpoint was used, he will look to see if you were stopped and detained in a constitutional manner.
In 1990, the United States Supreme Court said that roadblocks and checkpoints were constitutional and did not violate the fourth amendment protections against unreasonable searches and seizures. However, the court also left it up to interpretation by the states on what the reasonable guidelines should be when stopping someone at a DUI checkpoint. Therefore, a DUI attorney familiar with Fresno, Madera, Kings or Tulare counties will question you thoroughly on what happened when you were stopped that led to the DUI charge.
If the procedures at the DUI checkpoint did not seem to be conducted in a constitutional manner, then a good DUI attorney can build a case around that and either help lessen the charges against you, help ensure that you face a minimum fine and sentence or possibly get the charges thrown out altogether.
Any field sobriety tests that were performed needed to be done according to procedure, as well as any breathalyzer test given at the scene. Any wrong move on the part of the police can be ground for a case being dismissed.
Whether this is your first time DUI offense or not, if you are convicted, you can face jail time, a license suspension and hefty fines. Making sure your defense is thorough by using an attorney that knows the laws and understands DUI cases. If you were indeed intoxicated, then you know you made a mistake getting behind the wheel, but you also do not want it to destroy the rest of your life. If you are facing these types of charges, call a DUI lawyer today.