Getting Out Of A DUI in Saratoga

How to Get Out of a DUI Charge in Saratoga, California

The law pertaining to driving under influence is stringent and it has different sentencing provisions including fine, jail term and probation. If proven guilty as per the California Vehicle Code, you will have a criminal conviction record and this has far-reaching consequences. Getting out of a DUI charge in Saratoga has to be tactfully planned from the outset. You should appoint a reliable and knowledgeable lawyer to prepare your defense. There are many answers to how to get out of a DUI charge but not all will be relevant given the facts of the case.

The first response of any defendant after being arrested and charged is to appoint a deft defense lawyer. Avoiding a conviction is the only way to prevent license suspension, fine, jail term, probation, community service, rehab program and installation of ignition interlock device. Repeat offenders or those who already have a driving under influence conviction in the past should be more steadfast with their defense to get out of a DUI charge in California.

We have the most trusted DUI lawyers in Saratoga. We are equipped with all the resources and have extensive knowledge spanning the full ambit of the relevant law to prepare a defense that will help you to get out of a DUI charge.

There can be many variable factors depending on the facts of the case that will be taken into consideration while preparing your defense. Broadly there are two legal ways to get out of a DUI in Saratoga. The first option is to counter the evidence or argument of the prosecution. The prosecutor must be convinced to infer that their case is flawed and that the defendant is innocent. If the prosecution cannot prove the charges by the end of the trial in a court, then the defendant will be acquitted. Most prosecutors will not take such flawed cases forward knowing that they cannot prove or establish guilt of the accused beyond reasonable doubt.

The second option is to get the prosecution to agree to a reduced charge and hence crime. Prosecutors often know that they do not have all the evidence needed to prove guilt of the defendant beyond all reasonable doubt. A solid defense may effectively counter their agreement as well. Such instances compel prosecutors to consider a reduced charge. A felony, which is a serious criminal offense, can be reduced to misdemeanor. This will lead to a plea bargain. Defendants can plead guilty to a lesser crime. Defendants may also plead guilty, no contest or not guilty. Pleading guilty can at times be the way to get out of a DUI charge knowing there will be a lenient sentence. The same may be true in case of no contest bargains. However, these considerations should be under the capable guidance of an experienced lawyer.

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

Robust Defense Tactics for Getting Out of a DUI in Saratoga

The specific defense tactics to get out of a DUI will always depend on the facts of the case. There can be similar or even identical cases and the same defense can be used but it is futile to have a generic approach. An astute lawyer will always mount a defense that is specifically relevant for the case. Here are some of the generic defense tactics used by many lawyers to help clients get out of a DUI in Saratoga.
 

• 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.

Defendants may plead guilty for a lenient sentence. The prosecutor will agree to a reduced sentence in the absence of a trial. Defendants may plead guilty to a reduced crime. Defendants may plead not guilty. All possibilities must be considered but only the most resolution approach should be chosen to get out of a DUI.
 
There are some cases where the charges are very severe, in instances where an accident has occurred, if the defendant has damaged property, injured someone or caused death due to negligence. Such serious charges often need to be fought with not guilty pleas because agreeing to plead guilty will prove driving under influence and hence the second degree murder or DUI manslaughter charge will be invoked. Regardless of the severity of the charges and hence the quantum of punishment, you should have a knowledgeable and trustworthy lawyer in Saratoga to help you get out of a DUI.