Free DUI Lawyer In California

Reader’s Question:

I have heard several cases about DUI here in Whittier, California that makes me more curious about it. Question is, what are the possible DUI defenses that can be brought out in a DUI trial that are related to the DUI stop?

Kyla

Whittier, CA

In a DUI case in Whittier, California for example, the prosecution should prove that the person was driving a vehicle while intoxicated in order to be found guilty. You may think that this is very obvious, but this could be an issue that can be brought out in a DUI trial where the police officer arrives later at the scene of an accident or where a vehicle is parked and the driver is asleep.

Another defense that could be used in a DUI case is that the police officer didn’t have actual reason to stop the vehicle of the person who is suspected for DUI. The police officer simply has to have a probable cause to pull the driver over. Traffic violations such as unsafe lane change, expired license plate tags or speeding could provide the excuse the officer needs to pull a driver over. In other words, the officer should have a legal reason to stop the vehicle and suspect that the driver was intoxicated. Weaving within a lane is generally used for probable cause, but this by itself would not be sufficient evidence that the driver was indeed under the influence.

Reader’s Question:

I did a little research about alcohol because my daughter has been arrested for DUI here in Buena Park, California. One of the reasons my daughter was asked to do the field sobriety tests is because the officer said that he smelled strong odor of alcohol on my daughter’s breath. I found out that alcohol really does not have an odor, so could she use this as a defense on her DUI case?

Piper

Buena Park, CA

Yes, your daughter can definitely use that as a defense on her DUI case in Buena Park, California. I bet you can never see a DUI case where the police officer doesn’t report an odor of alcohol on the DUI suspect’s breath. The officer actually expects to smell it and it is a psychological fact that we see, hear and smell what we expect to see, hear and smell. As a matter of fact, most DUI police reports are formatted for the usual symptoms: there would be a box for “odor of alcohol”, which the officer checks off. There are three boxes labelled as “strong”, “moderate” and “weak.” The “strong” box is usually checked because presumably, the stronger the odor of alcohol, the more intoxicated the person arrested; and the problem with that is alcohol has no odor. Even a non-alcoholic drink can smell like the “odor of alcohol,” when in fact, what the officer smells is not ethyl alcohol but the flavoring in the beverage.

And, of course, there could be a number of causes of an “odor of alcohol” on a person’s breath such as mouth wash, throat spray and cough syrup. Indigestion, illness or simple bad breath has been the cause of more than one officer’s trigger-quick conclusion that the suspect has an “odor of alcohol on his breath.” The main point is that the odor of alcohol has very little relevance in a DUI case. It could or could not indicate that the person has consumed alcohol. It has no evidentiary value as to how much the person has consumed, what he had to drink and when.

Reader’s Question:

I’m in urgent need of an experienced drunk driving attorney because I was charged with DUI here in San Diego, California. How do I find one and what qualities should I be looking for?

Leonard

San Diego, CA

The best way to measure a qualified DUI lawyer is through their reputation. There are many ways you can find locally known lawyer in California who can represent you. The best means is found simply through asking lawyers in the district who they feel is the most qualified in DUI defense. You can also visit the courthouse in your area to ask bailiffs, clerks, and public defenders as to which DUI lawyer they would recommend.

The highest acknowledgment for a DUI lawyer is Board-certification because it shows a great amount of ability and experience. Another good mark of expertise is membership with the National College for DUI Defense. Even more suitable is the completion of the College’s rigorous 3 day seminar that takes place annually at Harvard Law School.

The qualities that you should be looking for in a San Diego California DUI lawyer are well-stated financial commitment, large amount of DUI cases and a strong background and a reputation of going to trial for strong defenses.