A DUI defense argument can be made that because the defendant driver refused all field sobriety tests (FSTs) and refused all chemical tests the officer did not have sufficient probable cause to make an arrest. When facing the intense pressure of a DUI investigation, many drivers will refuse all FSTs and breath/blood chemical tests when the consequences of such refusal are not as harsh as the penalties would be for a DUI conviction.
In cases of defendant’s refusal, developing probable cause to arrest is more difficult for officers and prosecutors to prove. Prosecutors will turn to the officer’s other observations of intoxication or other indicators of impairment. Without other evidence it is difficult to prove the arresting officer was acting with the requisite cause to be supported by DUI and probable cause law.
In order to make sure that your rights are accurately and aggressively defended after being charged with a DUI in Orange County, you will want to contact the experienced DUI law firm of Wallin & Klarich. Our attorneys have been helping those accused of crimes, such as DUI, for more than 30 years. Wallin & Klarich has the legal resources and knowledge to assist you in obtaining a successful outcome at your DMV hearing and in your DUI case. Call Wallin & Klarich today at 888-280-6839 or visit www.wklaw.com for more information. We will be there when you call.