The Criminal Case: DUI Offenses in Alameda County
Alameda County DUI Defense Attorney
The criminal case related to a DUI offense moves very quickly through the justice system. After being stopped for suspicion of DUI or pulled over at a roadside sobriety checkpoint, if the officer suspects that you are drunk driving, they usually question you about whether you have consumed any alcohol and will try to determine if you smell like alcohol or have any open containers in your car. They will not inform you that you do not have to reply to their questioning, and hope to get you to admit that you have been drinking. If they determine that you are exhibiting signs of impairment, they will almost always ask you to perform certain field sobriety tests to get further evidence of drunk driving. You are not required by law to agree to these tests, but if you do, the evidence can be supplied to the court as further evidence that you were driving while under the influence of drugs or alcohol.
DUI Defense Lawyer in Alameda County
Once the law enforcement involved in the incident have come to the conclusion that you are inebriated, they will arrest you and take you to a police facility for booking. You will usually be issued a temporary driver's license that will automatically suspend after 30 days, and your license will be taken away. At the police facility, you may be subjected to further tests, such as a blood test to get further evidence against you. If you refuse either the blood or breath test, you face an automatic 1 year driver's license suspension, and this is not advised.
Many cases have been defended based upon the testing procedures that were used in the incident. The breathalyzer testing equipment has an inherent percentage of error, and when not administered correctly can give false readings leading to an arrest. In other cases the testing device was not correctly maintained or calibrated, or could have a history of faulty readings that can be brought to court as evidence for your defense.
After you have been booked on the charge, a formal hearing takes place within hours in most cases. This is the hearing in which you are "arraigned". Never attend this hearing without your attorney present. Your plea will be discussed with your attorney prior to the hearing and you will be supported by our Alameda DUI defense lawyer at the arraignment. In a large number of cases, pleading "not guilty" leads to a better outcome for the client, and a full review of the circumstances, evidence and all aspects of the case must take place as soon as you have been arrested in order to determine how the defense will move forward.
Contact an Alameda County DUI Defense Attorney
from our firm as soon as you have been arrested.