Fighting a DUI Charge in Milpitas

The Right Way to Fight a DUI Charge in Milpitas, California

Having no defense or defending oneself should not be even a consideration when arrested and charged with driving under influence in the state of California. The punishment is harsh. There is a multifaceted sentence including jail term, fine and probation among other compulsions. The right way to fight a DUI charge in Milpitas is to appoint a defense trial lawyer immediately after getting arrested and booked. No time should be wasted between an arrest and the prosecution taking the case forward. A massive majority of such cases go to trial, unless the prosecution drops the charges, the defendant pleads guilty or no contest and the judge rules accordingly.

We have a team of reliable and experience DUI lawyers in Milpitas, who can prepare a robust defense right from the start. Attempts are made to prevent the case from going to trial by fighting a DUI charge as the prosecution prepares its arguments. It is possible to avert a trial and the prosecution can be convinced to drop all charges if there are enough weaknesses or flaws in their case. Defendants can consider pleading guilty or not guilty and no contest. Such considerations should be taken up only after being advised by a deft lawyer. Individual assessment without exploring the full ambit of the law and hence the scope of defense will be an unwise approach.
 
DUI convictions can have repercussions in personal life, including financial implications. There will be ramifications in the professional life of a defendant, if convicted. Serious convictions can impair employment opportunities and career progression in many industries and types of jobs. Defendants should fight DUI charges with the help of an experienced lawyer to prevent a conviction and possibly to get the case dismissed before the trial.

DUI charges must be proven by the prosecutor with assistance of the law enforcement in a court of law. A defendant or accused is deemed to be innocent until proven otherwise. The onus is on the prosecution to establish guilt. It is possible to fight a DUI charge on various grounds. The specific grounds will depend on the facts of the case. A specialist DUI lawyer in Milpitas can explore all possibilities and choose the most relevant tactics to mount a sturdy defense that will not only counter the narrative of the prosecution but also blunt the likelihood of counterarguments.

There are many defense tactics that have proven to be effective over the decades. Pointing out major flaws in the case being prepared by the prosecution can lead to the charges being dismissed. Finding questionable evidence or citing reasonable doubt can convince the prosecutor to agree to a reduced charge. Serious crimes are a felony and minor driving under influence is a misdemeanor. It is possible to get a prosecution to reduce the seriousness of the crime from a felony to misdemeanor. The latter has lenient sentencing and a criminal conviction record can be averted. The prosecution may be willing to consider a plea bargain. All these are useful tactics of fighting a DUI charge in Milpitas.

Do Not Hesitate To Contact Us If You Have Received A DUI Offense in Milpitas

Common Grounds of Fighting a DUI Charge in Milpitas

There are several common grounds of fighting a DUI charge in Milpitas, many of which deal with violations of law or denial of rights. The law enforcement officers may also commit some errors in the whole process that can be used as a defense tactic to establish reasonable doubt or to effectively counter the charges in the first place. Experienced and knowledgeable defense lawyers in Milpitas often use the following tactics to fight a DUI charge.
 

• The legality of a checkpoint stop for driving under influence can be challenged.
• Mouth alcohol is an effective defense in many cases
• Medical grounds such as hiatal hernia, acid reflux and GERD are a potential defense.
• Low carbohydrate diets or ketosis due to diabetes is used as a defense.
• Violations of Title 17 can be used.
• A case of bad driving can be made, thus negating possibility of driving under influence.
• Radio frequency interference is a potential defense.
• It can be established that the accused was not driving at the time of the stop and arrest.
• Mental impairment can be questioned and reasonable doubt can be established.
• The probable cause for a stop and subsequent testing can be proved to be insufficient.
• The suspicion of driving under influence can be debunked.
• Field sobriety tests and their findings can be questioned.
• Blood alcohol concentration in the breath test result can be questioned.
• Blood tests and the findings can be challenged.
• The legality of the whole process of arrest can be challenged.
• Failure of the arresting officer to read the Miranda Rights is a common defense.
• Racial profiling and other types of misconduct can be cited.
• Rising blood alcohol content is a legally admissible argument.
• Absence of implied consent warning is also considered in relevant cases.

Fighting a DUI charge in Milpitas is the only way to avert a conviction and hence to prevent a criminal record. Defendants can save a lot of money, avoid a jail term and avert probation. One can also be protected from the stigma associated with being a convict. The whole legal process can be strenuous and in some cases terrifying. A professional and experienced lawyer can help you to fight a DUI charge in Milpitas to get the charges dismissed or an acquittal at the end of the trial.