Like anything else in life, if you want to stand a good chance of a positive outcome when facing a DUI charge, it is all about who you have on your side and your “preparation” of your defense.
To know how to defend yourself you need to know what the “enemy” (The Prosecution) is looking for when they review the strength of a DUI case. In almost every DUI case the prosecution will be reviewing three key facts.
l. DRIVING OBSERVATION 2. FIELD SOBRIETY TESTS 3. BLOOD ALCOHOL RESULT
It is vital that you understand what each of these three areas means
l. DRIVING OBSERVATION
GOOD EVIDENCE FOR THE PROSECUTION
A strong case for the prosecution is when the officer claims the defendant was weaving, swerving, driving on the wrong side of the road, hit a parked car, or other “erratic” driving behavior. This will help them show to a jury that the defendant was “impaired” due to consuming alcohol and that is why the defendant is driving in that manner.
GOOD EVIDENCE FOR THE DEFENSE
A strong case for the defense is when the officer states that the defendant was “stopped” for “no tags”, “broken tail light”, other forms of “equipment violation”, or “speeding. These types of observations of course have nothing to do with driving “impaired.
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2. FIELD SOBRIETY TESTS
The better a defendant performs each test administered by the police officer at the scene the stronger the case for the defendant. If an accused can demonstrate that he performed the various tests well that will help his defense. However, if the defendant cannot recall how he performed on the tests that is often a “bad sign” for the defendant.
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3. BLOOD ALCOHOL RESULT
In California in most DUI cases the defendant is asked to “blow into a hand held device” by the police officer. This is called a Preliminary Alcohol Screening device (PAS). You do not legally have to submit to this test. However, if you do, the results are admissible against you in a court of law.
In addition most police agencies will then take you to the police station where you will be provided a choice to take a blood or breathe chemical test. If you refuse to take either test then this can lead to serious consequences to you in terms of loss of your driving privilege. In addition, it can increase the criminal penalties you will face if you are found guilty of the DUI.
If the results of the PAS test and the chemical test at the station are “different” that can be helpful to your defense. The result of the blood alcohol test is a critical component to your DUI case. There are many ways in which to effectively attack the blood alcohol results. When you hire Wallin and Klarich to assist you in your defense to your DUI charge we can go over all of these possible defenses.
BE PREPARED
Nothing can be more important than you assisting Wallin & Klarich in your own defense.
When you retain our services it is CRITICAL (bold) that you prepare your homework at the earliest possible time.
The police officer whom arrested you prepares a complete report very shortly after you are arrested. You do not want to give law enforcement an advantage. You need to prepare a STATEMENT OF THE CASE (bold) which tells us everything that happened to you from the time you woke up the morning of your arrest until the time you were released from police custody.
You can go to wklawdui.com to read more about the contents of this important statement.
We also need you to prepare a SOCIAL HISTORY, LIST OF WITNESSES AND CHARACTER WITNESSES (all bold). These documents will assist Wallin in Klarich in obtaining the best possible result in your case.
WHY HIRE WALLIN AND KLARICH IN YOUR DUI CASE?
The answer is simple. We have been helping people for almost thirty years win their DUI cases. We have lawyers that “know” the local courts and their procedures because their offices are close to the court where your case is pending. You want a law firm that has experience in both DUI cases and who knows the local court. Also, Wallin and Klarich has received the highest rating a law firm can receive by the only nationally recognized attorney rating system in the United States. Wallin and Klarich has an AV rating by Martindale Hubbell.
COSTS OF A DUI
It said that the overall cost to a defendant found guilty of a DUI can surpass $10,000 when you take into account court fines, DUI school fees, restitution fees, auto insurance increases, etc. In addition there are many other serious consequences related to a DUI arrest. These include the real potential for loss of your driving privilege, probation, fines, etc. Doesn’t it make sense to seek out the legal assistance of a highly experienced law firm with so much at stake? Call Wallin & Klarich at 877-466-5245 so we can begin to help you now.
