As most people are aware of now, a DUI can have major life consequences. It is possible to defend against a DUI charge, and a DUI lawyer in Rancho Cordova may be able to help. An attorney commonly assists with gathering and organizing evidence, devising a defense strategy and representing the client during all court proceedings.
The Prosecution’s Burden of Proof
The prosecution of a DUI case requires proof that the alleged person was driving and was either impaired or has a blood alcohol content of .08 or more. While the driving portion is generally obvious and difficult to argue against, there are a variety of ways to argue against intoxication.
A common strategy is to target legal procedures in an effort to get certain facts rendered inadmissible. For example, if the defense can prove that the arresting officer did not have a legitimate reason to pull the driver over or did not follow certain procedures during the arrest, any evidence gleaned during the traffic stop could be inadmissible. Since this information often forms the entire basis for the prosecution’s case, eliminating it is very effective.
Challenging Officer Testimony
A large portion of the case also rests with the testimony of the arresting officer. It may be possible to challenge the officer’s interpretation of the driver’s behavior or appearance. This could create reasonable doubt as to the driver’s alleged impairment or the legitimacy of the traffic stop.
Witnesses may be able to offer alternate testimony about the reasons for driver’s behavior. Perhaps the driver was distracted or late. A valuable witness could be someone able to vouch for the driver’s sobriety, claiming that they hadn’t had anything to drink before getting into the car. Although a driver may still face some charges for traffic violations that led to getting pulled over, those charges are far less severe than the DUI.
There are a variety of reasons a criminal defense attorney in Rancho Cordova, like those from the Chastaine Law Office, may present as to why a person appears intoxicated. The driver may suffer from a lack of sleep or be taking certain medications. They may also have a physical or speech impairment that appears similar to intoxication. If there are no breathalyzer or blood tests to prove impairment, then witness testimony is the foundation of the case. Casting doubt on it could win the case for the defense.