Everyone assumes once they get pulled over for Driving Under the Influence, their life is over, they lost the case, they owe ridiculous amounts of money, they will go to jail, and they will never be able to get a job again.

These assumptions are just flat-out incorrect. While some of them may be true upon being convicted of a DUI, simply getting pulled over or charged is not the end of the world. In California, DUI cases are not always as strongly prosecuted as one may imagine, because so many factors are taken into account for this type of legal violation.image6659115x

For instance, disregarding the few instances when a person stumbles out of a vehicle at three times the legal limit, police officers tend to make judgment calls about the intoxication levels of drivers. They look to see if the eyes are glossy and bloodshot, the speech is slurred, and if the driver has a hard time finding his license and registration. However, it is common knowledge that eyes can be bloodshot or glossy from lack of sl
eep, speech can seem slurred because of an accent, broken English, or even just based on one’s voice, and finding a license and registration in the middle of the night when you have not had to locate them in two years can be a very difficult task.

The cop does not usually concern him/herself with these alternate reasons, and instead proceeds to ask the driver to perform several Field Sobriety Tests (FST’s), which have proven to be very unreliable, even by the officers that created them. Poor performance is seen as a factor against the driver in court, but that same performance could be explained away for any number of reasons, including the setting in which they took place, prior injuries suffered by the driver, or mistake on the part of the officer in giving instructions.

Wining a DUI case is not easy for either side. Many factors come into play and the fact finder has a lot to consider in coming up with a verdict. However, the case is winnable for the driver, and selecting a skilled attorney is vital in doing so.

If you or someone you know is facing criminal charges, or their professional license is at risk, contact Attorney Miranda McCroskey for an immediate free consultation at (714) 389-2257 or email her at mmccroskey@whbllp.com.

Miranda is a partner at Wilson Harvey Browndorf in Irvine, heading the criminal defense department.

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