Arrested for driving under the influence, or DUI? There is good news. You have only been charged, not convicted of DUI. Do you want better news? Retaining a DUI defense lawyer experienced with drunk driving cases could help you beat the charges. You see, a DUI defense lawyer has many strategies to use in a DUI case. One of the most effective defense strategies is challenging the chemical test.
Chemical tests exist for two reasons. The first is to allow police to find probable cause to arrest you for DUI. The second reason is for prosecutors to use the chemical tests as evidence to try to convict you of DUI. Chemical tests include blood and breath tests. They are used to evaluate the ratio of alcohol to blood in an individual’s body to determine the blood alcohol concentration or BAC. A BAC level is the primary form of evidence used to convict Californians of DUI.
In California, evidence that is inaccurate, questionable or obtained illegally might not always be admissible, and if it is, may only be used for limited purposes. Additionally, evidence that is flawed may sometimes still be presented to the jury but the defense attorney can comment on the problems concerning the evidence.
There are strict guidelines for chemical testing machines and procedures. These tests must be:
- Continuously calibrated for accuracy.
- Consistently monitor to make sure they are accurate.
- Used properly.
- Administered after an arrest that is lawful.
The Advantage of Choosing the Right DUI Defense Attorney
At the Law Office of Jonathan Franklin, we have the knowledge and resources required to challenge the results of your chemical tests. It does not matter if you took a breath or blood test. We aggressively challenge these test results. Generally speaking, when the validity of your chemical test results are at issue, it may be more difficult to convict you of your DUI charges. In many circumstances, we are able to get DUI charges dismissed just by challenging your test results.
To learn more about how the Law Offices of Jonathan Franklin can assist in defending you against a DUI, contact us today.
