Fairfax False DUI Defense
Defense Against a False DUI Arrest in Fairfax, CA
A DUI arrest may be legal, false or wrongful. A legal arrest does not necessarily mean the DUI charges are provable in a court through a trial. A false or wrongful arrest on the other hand requires legal intervention and the charges can be dismissed outright. Anyone arrested and booked for driving under influence, impaired driving or drinking and driving should seek immediate legal representation. Appoint a DUI lawyer in Fairfax before you do anything else.
Introduction to Wrongful & False DUI Arrest in Fairfax
A false DUI arrest is a case when the police officer stopping the accused does not have any provable evidence but files the charges anyway. A wrongful DUI arrest is a case when the police officer conducting the entire process is violating any law or the action is beyond their power. Both false and wrongful DUI arrests are not common in Fairfax and across California. You should appoint a specialized DUI defense lawyer to immediately address the charges and get them dismissed.
DUI is a serious crime as per the Criminal Code and California Vehicle Code. The experience of getting arrested can be intimidating and terrifying. The charges may seem unfair and the provisions in the law pave the way for severe punishments, including jail time, license suspension and hefty fines among others. If proven guilty, a person will have a criminal record and that can impact everything from career to car insurance.
Dealing with a DUI False Arrest in Fairfax, California
A police officer vested with the power to check driving under influence offenses can stop a vehicle, conduct a sobriety test, supervise blood tests among others, ascertain the level of impairment of the driver and arrest him or her. The influence could be due to excessive alcohol consumption, use of drugs or marijuana among other substances that lead to intoxication and hence impairment. The police officer must have reasonable grounds to stop a vehicle and order a sobriety test or a breathalyzer test. Not abiding by the established practices raise the chances of a false DUI arrest in Fairfax, California.
Do Not Hesitate To Contact Us If You Have Received A DUI Offense in Fairfax
Types Of DUI Charges:
Consequences Of A DUI:
What Does a False DUI arrest Involve in Fairfax?
False DUI arrests are legally impermissible and they amount to intentional restriction of the freedom of the defendant. False DUI arrest is based on unfounded belief and does not factor in facts or provable evidence. Not only is the act of the police officer against the consent of the defendant but the process followed may be legally untenable. A qualified and experienced DUI lawyer can easily get a false DUI charge quashed.
Situations Where a Wrongful DUI Arrest is Undertaken by a Fairfax Police Officer
DUI is a crime in California. However, there has to be a reason why a police officer stops a vehicle midway and conducts a field sobriety test. The reason cannot be a wish or discretion of a police officer. Unless a driver has shown telltale signs of impairment, there is irrefutable proof or consequence to establish that a person at the wheel is driving under influence and an obvious crime has been committed, the law enforcement cannot carry out any DUI arrest. The arresting officer must provide the evidence to prove that it is not a wrongful or false DUI arrest.
The police often ignore some of the rights that are assured to every Californian. If any of the rights are violated or denied, then that will also tantamount to a false DUI arrest and a skilled defense lawyer in Fairfax can easily use it to get the charges dismissed. Here are some of the common instances of a false DUI arrest.
- The police needs to inform the citizen that there is a probable or sufficient cause to stop and detail, initiate a sobriety or breathalyzer test and only when impairment or influence is proven can there be an arrest.
- The police must not violate any rights of the driver and should express the fact that it is not imperative to submit to a breathalyzer or field sobriety test.
- The police should read the Miranda Rights before any questioning. Any arrest without explicitly reading the rights is effectively a wrongful arrest.
- The police should provide both blood and breath tests as options. A driver can refuse and the police should disclose the possible legal consequences of such a refusal.
- Sample of breath in case of a breathalyzer test is transient. There is no record of the breath but a fail or caution signal in the device. An accused has the right to opt for independent blood test to have the essential evidence.
Diabetes Defense in DUI Cases in Fairfax and California
Diabetics often have a false positive in breathalyzer tests. The device used to test a sample of breath can detect acetone and mistakenly identify it as alcohol. It is possible that the device will fail a diabetic as acetone can increase the mistakenly detected alcohol content to as much as 0.6. Adding this to the blood alcohol concentration that is accurate can substantially worsen the scenario for a person who may not actually be beyond the prescribed limit while driving. This has been used as the diabetes defense in many DUI cases across Fairfax and in California. Such a case does not constitute to be a false DUI arrest or even a wrongful arrest but the case still stands to be dismissed outright.
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Fairfax DUI Defense Attorney