Can I still successfully fight a DUI charge if my alcohol level was above the legal limit?

By: Wallin & Klarich

The simple answer is yes, absolutely. Your alcohol level is one of many factors that must be considered in a DUI case. Often times individuals charged with a DUI come to the inaccurate conclusion that just because their blood alcohol level (BAC) was above the legal limit, they are automatically guilty. That is far from the truth. Like previously stated, a suspect’s alcohol level is an important factor but several other factors must be analyzed and considered in the fight against a DUI conviction.

Some of the primary factors to consider with your DUI attorney include: (1) reason your vehicle was stopped in the first place; (2) statements to law enforcement at the scene of the DUI investigation; (3) performance of various field sobriety tests; (4) whether the officer followed proper procedure in making an arrest determination; (5) circumstances surrounding the testing of your alcohol content. These are only a few of the important factors used to successfully fight and beat a DUI charge.

Your manner of driving is an important factor. There is a big difference between speeding 130 mph on the freeway while swerving and not coming to a complete stop at a stop sign. Just because your vehicle was stopped does not mean your vehicle was stopped lawfully. In addition, no two DUI stops and investigations are alike. That is why it is so important to hire an experienced criminal defense attorney versed in the most current DUI laws and defenses.

The prosecution must prove numerous elements, beyond a reasonable doubt, to sustain a criminal conviction. Again, the answer is YES, you can absolutely fight and successfully defend against a DUI charge even if you were found to be driving while over the legal limit.

Above are only a few of the numerous arguments an experienced Wallin & Klarich DUI defense attorney can make in court and at your DMV Hearing to save your privilege to drive. If you or a loved one have been accused or charged with DUI in Orange County, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling this type of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at, (888) 749-0034 to speak to an experienced criminal defense attorney about your case.

Posted In: DUI & Drunk Driving