San Francisco, CA
If you have been arrested and face a DUI charge, we suggest calling a DUI Lawyer, San Francisco, CA clients can depend on at The Hallinan Law Firm for quality legal services. As someone who could receive a DUI conviction, we take your case seriously and understand what is at stake. You may have to pay mandatory fines, spend time behind bars, and lose your license. We know that many people arrested for a DUI feel hopeless and as though they have no grounds for fighting the charges.
However, it is possible that we can uncover issues with your arrest to get charges minimized or dropped. The best for us to know to what extent we can help you is through having a consultation done. If you or someone you love was arrested for a DUI, we urge you to call us right away for advice on what to do next.
Based on our experience, there are effective DUI defenses that can prove influential to your case, including:
You Weren’t Given a Chance to Contact a Lawyer During Investigation
Did you know that every person has the right to call a lawyer during a criminal investigation? If you were not provided this opportunity, then there is a flaw in how your arrest was handled. You have the right to consult with legal counsel if it does not cause an unreasonable delay. If an SF DUI Lawyer in CA files a motion to suppress evidence on the grounds of being deprived of the right to counsel, the prosecution has to prove that deprivation of counsel would have interrupted the investigation.
If they fail to do so, the remedy may be that evidence gathered is thrown out and charges are dismissed. So, all in all, if the officer who handled your arrest did not let you contact a lawyer upon your request during booking and questioning, this may be because of the case being dropped against you entirely.
The Breathalyzer Test was Inaccurate or Faulty
During an arrest for a DUI, it is common for the officer to have the accused perform a breathalyzer test. This device will measure how many particles of breath alcohol are in the lungs, and then calculate a measurement of how much alcohol is supposedly in your blood. This breathalyzer test relies on a single rating. But because there is a variance in physiology between people, it can result in an inaccurate assessment.
Other reasons your breathalyzer test may not have concluded the right reading is if it was faulty, defective, or not properly calibrated by the officer prior to performing the test. The officer may have also asked you to get out of your vehicle and do movements such as walking one foot in front of the other in a straight line, touching your fingers to your nose while your eyes are closed, and more. There are so many other reasons why you may not have been able to do these movements aside from being intoxicated.
An Officer Did Not Follow Procedure Correctly
In some cases, a DUI charge is not valid because a police officer failed to follow procedure correctly. An officer may be new to the job for example, so their inexperience may have caused them to incorrectly administer your field sobriety test, or failed to inform you of your rights. A skilled and experienced DUI Lawyer will review the charge brought against you and see if there is anything questionable that they can call attention to. If there is any kind of fault in the charge, whether large or small, it can be scrutinized and presented in court.
Every person has the right to due process. If a police officer’s actions result in the violation of your rights, you can use that as part of your defense argument. Even if you were guilty, it does not give an officer permission to bypass the law and deprive you of your rights. These mistakes are minor, but they do happen, and when they do, it is recommended that you speak to a lawyer about finding the evidence needed.
You’re Clothing Restricted or Affected in Your Mobility
Though it is rare, sometimes a person’s clothing, shoes or accessories can affect their performance during a field sobriety test. If they have a sweater or pants that are too tight, for example, they may have trouble lifting their arms or walking in a straight line. A person’s shoes may be untied, causing them to trip. To the officer, this may seem like the person is inebriated. Opting for this defense can be tricky, so a lawyer will see if this argument is appropriate for your case and is likely to work in your favor.
A DUI charge does not mean all is lost and that you should give up on making your case. There are many ways your charges can be reduced or even dropped. Some DUI charges are made in error, so if you have evidence that there were no grounds for it, the charge can be repealed. Even if there is evidence against you, a lawyer may be able to lessen the penalty, or have it reclassified from a misdemeanor to a low-level infraction.
Do not lose hope and assume that nothing can be done if you are facing a DUI charge that can result in a mark on your personal record. Don’t believe that you do not have a good argument. Immediately turn to a lawyer you can trust and has experience representing clients who have been in your similar circumstances. By acting sooner rather than later, you can increase the likelihood of building a strong defense. The court system can be overwhelming, and making sense of DUI laws can be tough for anyone who does not have a legal background. Discuss your legal situation with a lawyer and see what you can do to preserve your rights so that they can help you obtain the best case results possible.
If you have been charged with DUI, you are advised to meet with an experienced lawyer. Let us protect you and your future by consulting with a DUI Lawyer in San Francisco, CA at The Hallinan Law Firm about potential defenses for your case.