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Avoiding a DUI Conviction in California

In order to avoid a California DUI conviction you should have the best defense possible. This means that your California DUI lawyers should go over each step of your case thoroughly. Your law firm should also hire experts and professionals who can back up your defense when applicable. Since California has a unique DUI system that can include a jury trial it is important to investigate every possible reason for your driving behavior or test result. If there is any doubt in any step of your case the entire case can be thrown out of court completely.

The first area of avoiding a California DUI conviction you should examine is your driving behavior and/or the reasons that the police stopped you in the first place. The police must only stop people for clear traffic violations and must inform the drivers why they are being stopped. If no traffic violation occurred or there were extenuating circumstances that forced a brief, abnormal driving action then your case can possibly stop there and be thrown out. The police must act in accordance with California traffic law and are prohibited from doing certain things that a good lawyer can expose before the court.

The police report usually contains reasons why the police were suspicious about the driver as well. If the report does not contain certain elements, especially things that could raise their suspicion like the driver was slurring their speech, falling over, fumbling for their license or any other suspicious behavior then the police can be called on these issues as well. Their suspicions and how they acted on them are all important elements in any California drinking and driving defense.

A big part of any California DUI defense is examining the testing done, how it was performed and if any alternatives were offered to the driver. Drivers may refuse to take the field sobriety test but if they refuse to take a chemical test they can face additional punishments and prosecution. The field sobriety test must be performed in a well lit area, in the correct order and must not consist of any elements that are not on the test (such as reciting the alphabet backwards). Breath tests and other chemically based tests (like blood or urine) are notoriously unreliable and many machines and testing methods are being challenged throughout the country.

Refusal to take any of the tests is defensible on many points, however. There are many legally legitimate reasons why anyone would want to refuse taking any sort of test whether it is a physical one or blood, urine or breath. However, under California law all drivers are required to take a chemical test if asked of them. This is known as implied consent, but the driver has many rights and can be tested at an independent facility if needed.

Shouse Law Group has been defending clients from DUI convictions for years. Our office has experience handling DUI defenses throughout the Los Angeles, San Bernardino, Riverside and Orange County regions. Contact us for a free evaluation on your case and have professional and aggressive lawyers on your side immediately. You can avoid a DUI conviction with a successful defense.

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DUI cases are rarely hopeless. DUI convictions are almost never inevitable. Clients retain our California DUI defense attorneys for one reason: they want to fight the case. And win.

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The police arrested you for DUI. You gave a blood or a breath sample. The DUI officer confiscated you drivers license. The police released you with a notice to appear in court in a few weeks. Where do you go from here? Our lawyers are here to guide you step by step.