With California’s stringent DUI laws, winning a case for drunk driving is an uphill battle; however, hiring an attorney can be a lifesaver. An expert DUI attorney will have access to information and resources that are not available to anyone else. Therefore, the percentage of DUI cases won in California is dependent on whether or not you have an attorney by your side.
As of 2006, 90% of DUI cases in California resulted in a conviction. The remaining cases were either dismissed, won during trial, or had the charge reduced to a lesser offense. Compared to other states across the United States, California has a very high conviction rate. However, with the help of an attorney winning a DUI case is not an impossible task.
For a DUI charge to result in a not guilty verdict, the defense must prove that the prosecution lacked a burden of proof to convict the defendant. One of the most common reasons for that burden of proof not being met is that the defense offered an alternative and plausible reason for the erratic driving that caused the initial traffic stop. Prior to being pulled over, the police must have reasonable doubt that the driver is impaired. Consequently, if an attorney can provide an alternative rationale for their client’s action then they will win the case.
Another common reason for DUI cases won in California is that the defense proves that the blood test or Breathalyzer results were mishandled or inaccurate. This can be done by having an independent lab retest the results or by determining that the tests were improperly administered.
Often, attorneys will use prior DUI victories to defend the case to persuade the court to find their client not guilty. The better the lawyer the more leverage they will have in the courtroom to share why others won based on similar facts of the case. However, the key to winning a DUI case is to do research. Prior to trial, it is imperative to know all the facts of the case so that time can be spent researching plausible explanations for what occurred.
As you can see the majority of DUI cases won in California occur because the defendant chose to be represented by an attorney. A criminal lawyer has the necessary expertise and knowledge to navigate the muddy legal field of DUI.
About Guest Post Author:
If you have been in a DUI case in California, it would be important to look for a DUI lawyer in California to handle your case. Christopher J McCann has the necessary experience and qualifications to handle your DUI case. He will work hard to try to win your DUI case. Visit his website at cjmdefense.com or you can also follow him on Twitter at @CJM_Law_Firm or Orange County DUI Blog.