Gilroy Over 80 DUI Defense

This is How Courts Prove Over 80 Charges in Gilroy

While driving under the influence of drugs or alcohol will always get you into a bit of legal hot water in the state of California, and in Gilroy in particular, there is a difference between a “standard” DUI or driving while impaired charge in Gilroy and an Over 80 DUI.

Your standard DUI is going to offer a whole different variety of defense strategies that a competent and experienced DUI attorney can take advantage of to protect you from a conviction. But if you are pulled over and charged with Over 80 DUI charges, you’re going to be looking at a very sticky legal situation with penalties and punishments that are a lot more severe.
 
Anyone charged with Over 80 DUI charges will have been found to be in the care and control or operating any motor vehicle with over 80 mg of alcohol per 100 mL of blood in their system. On top of that, anyone that refuses to provide a breath sample or a field sobriety test will immediately be defaulted to these kinds of charges as well.
 
If you have been pulled over and are charged with driving 80 DUI charges, it’s of the utmost importance that you contact a DUI attorney in Gilroy ASAP. The faster that professional lawyers like our own go to work on your defense, the better off you are going to be and the more likely it is that you will be able to avoid a conviction.
 
These kinds of cases get harder and harder to defend against as more time goes by. Contact us today for a free consultation to learn more about how we may be able to best help you moving forward.

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

The Prosecution Will Look to Establish Proof for Over 80 Charges

DUI situations and driving while impaired court cases are some of the most often litigated situations in Gilroy, and of them the most frequent type of charge to go to court is the Over 80 charge.
 
As such, prosecutors are pretty seasoned veterans at looking for and establishing proof of this BAC level and aren’t afraid to throw the book at anyone and everyone that “blew” these kinds of figures during the initial sobriety examination.
 
Of course, there is a very specific procedure that law enforcement officers have to follow to successfully and accurately record your BAC. Prosecutors understand that, which is why they bring in a Drug Recognition Expert to take the breathalyzer results or blood samples and provide them with their baseline of evidence.
 
Competent DUI attorneys are going to look for any mistakes, any breach of protocol, and any missteps that the arresting or investigating officers, the Drug Recognition Expert, or the prosecution may have made along the way. This is one of the best ways to defend yourself from Over 80 DUI charges.

The laws regarding Driving Over 80 DUI charges are as cut and dry as they get in Gilroy, with very little “wiggle room” for those looking to prosecute these crimes – or those that have been charged looking to defend themselves.
 
Above all else, the laws regarding the specific charges are focused entirely on the amount of alcohol in your blood. The science for figuring out these details is incredibly complex and reasonably well understood, but it hasn’t yet been totally mastered.
 
The blood sample collection process is still pretty complex and convoluted, which means that there is plenty of potential for something to have gone wrong procedurally during the collection of your sample. Should that happen, your Gilroy Over 80 DUI defense attorney is going to be able to present those facts to the judge or jury and give you ample opportunity to avoid a conviction.

Should You Fight Driving Over 80 DUI Charges in Gilroy?

Of course you should!
 
With the help of the right DUI attorney, you are going to be able to avoid being convicted for this serious crime.
 
Your DUI defense attorney is going to work to establish the fact that the blood alcohol content in your body was “on the rise” for a variety of different reasons, none of which had to do with you being in any way impaired or unable to drive.
 
Secondly, a competent defense attorney is going to look for ways to prove that the investigating or arresting officer did not comply with the very specific and stringent process (as outlined by Title 17 Regulations) pertaining to the collection of BAC information.

More Defense Approaches in Extreme DUI situations

On top of that, your DUI lawyer is going to work to establish the fact that your BAC level was never in the threshold for Over 80 charge criminal code situations, and at the very fact that you have been slapped with these charges in the first place is more than enough to procedurally allow you to have the case thrown out.
 
Competent lawyers are going to look at the entire base of evidence that the prosecution will be working from to convict you, looking for any holes in the prosecution – especially as far as inconsistencies with evidence are concerned.
 
Really exceptional DUI defense attorneys (like the ones that work here) are going to cross-examine prosecution witnesses as aggressively as possible, looking to trip them up so that you have every opportunity to avoid a conviction through this approach as well.
 
At the end of the day, it’s of the utmost importance that you have help from only the very best criminal defense attorneys that specialize in DUI law here in Gilroy when you are up against Over 80 DUI charges.
 
Any potential violation of the Over 80 charge criminal code is going to inevitably bring about some very serious consequences should you be found guilty and convicted of this crime. You’ll end up looking at serious fines, some serious jail time, a loss of your license for at least three years, probation, and a permanent black mark on your criminal record. And that’s just the beginning!
 
To learn a little bit more about how we might be able to best serve you and represent you while you fight back against charges, reach out to us at your earliest convenience to schedule a 100% free and zero obligation consultation with our expert attorneys.