If you have been charged with a DUI in Menifee, then you must take the charges seriously. Driving under the influence of drugs or alcohol is a significant offense in the State of California that comes with strict penalties. Even a first-time DUI conviction can result in imprisonment and license suspension. Fortunately, the DUI defense attorneys at The Law Office of Nic Cocis know how to determine the strongest defense strategy to protect your rights. Don’t delay contacting a Menifee DUI defense lawyer today.
Challenging the Police Stop
In most instances, the outcome of DUI charges in Menifee, CA, largely hinges on the evidence presented against you. As such, your legal team must think of how they can rebuff any accusation or evidence that may show guilt.
The first legal strategy defending against a DUI can be challenging the initial traffic stop by law enforcement. A police officer by law must have probable cause to arrest someone on a DUI charge. This means that the police officer must have had reasonable suspension to believe that the driver is under the influence of alcohol or drugs in order to pull them over. Usually, probable cause can be inferred by behavior such as erratic driving, driving too fast or too slowly, running red lights, and other traffic violations. Without reasonable suspicion, however, any traffic stop becomes illegal. The most significant part of this is that any evidence acquired after an illegal stop will be thrown out. If your DUI arrest began with a traffic stop where the law enforcement officer lacked reasonable suspicion, we can file a motion to suppress the arrest.
Challenging the Field Sobriety Test
After a traffic stop, a police officer will perform several sobriety field tests on the driver to determine if they are under the influence of alcohol or drugs. Even if the initial traffic stop stands up to the probable cause challenge, you may be able to question the validity of the subsequent field sobriety tests. You may challenge the accuracy of the results by proving the tests were not administered correctly. You may also show that there were other valid reasons, such as a medical condition, as to why you may have failed the test.
Challenging the BAC Level Reading
One of the most significant pieces of evidence in a California DUI case is the BAC level, which is measured by a Breathalyzer or a blood test. In California, the legal BAC level limit is .08. You can challenge a BAC level in many ways, such as:
- The breathalyzer or blood test not administered correctly, i.e. someone without authority or training performed the test
- The breathalyzer device was not in proper working condition or was broken
- The test result was inaccurate due to other factors: i.e. prior medical condition, defendant was on medications, etc.
- The blood or breath sample taken was not large enough to give an accurate result
- The test sample was not labelled properly or not stored properly and was subject to possible contamination
The skilled DUI defense attorneys at The Law Office of Nic Cocis will thoroughly examine the prosecutors’ evidence, carefully identifying its strengths and weaknesses. The sooner you get in touch with our experienced DUI defense attorneys, the sooner we can prepare a strong defense and achieve the best possible outcome for your case.
Contact The Law Office of Nic Cocis to Prepare a Strong Defense
If you’ve been charged with a DUI in Menifee, then you may feel that the evidence is stacked against you, however, there are legal strategies that can be used to challenge the evidence. With 25 years of representing clients accused of DUI’s in Riverside County, The Law Office of Nic Cocis has gained all the experience necessary to have a greater chance of seeing reduced charges or having cases dismissed. Contact our criminal defense firm right away!
