Not "Driving" just "Drunk" Defense
A California District Attorney has to prove that an individual suspected of "Driving
While Intoxicated" was actually driving a vehicle while under the influence of alcohol
or drugs. In some cases, the arresting officer did not witness the suspect actually
driving the vehicle. The D.A. must prove beyond any reasonable doubt that the accused
was driving. If the officer didn’t witness the suspect of driving, reasonable doubt
may be established.If a reasonable doubt can be established that the accused may
not have been driving while "under the influence", then a not-guilty verdict will
be the outcome.
It doesn't matter that the court can prove that a person was under the influence
of drugs or alcohol. The accused may have blown over .08. The person may have failed
a blood test. The officer may have performed a field sobriety test perfectly and
the accused failed miserably. But the State has to also prove that the defendant
was driving. Without that, there is no DUI conviction.
Be careful what you say, it can and will be used against you
A person arrested for DUI can hurt their own defense by talking too much. Don’t
forget that the Fifth Amendment to the Constitution gives you the right to keep
your mouth shut. When it comes to police, the less you say, the better. Sometimes,
the officer did not see a person in the vehicle. All too often, the person starts
talking. They are trying to talk their way out of an arrest. This is a bad idea.
They talk themselves right into a DUI conviction. Don’t admit you have been driving.
Don’t admit you have been drinking. Let the officer do the talking. Be polite and
don’t get aggressive with the officer. Don’t give the officer any reason at all
to arrest you. Any statements that you make may help the D.A. prove their case against
you. Often times, a person’s best defense, is to say nothing (or as little as possible)
and tell the officer that you would like to have an attorney present. Asking for
an attorney is not admitting guilt. Quite the opposite. It might just save you from
a DUI Conviction.
At Coffey and Coffey, we defend DUI charges and other criminal matters exclusivelyin
Orange County. We don’t handle other kinds of cases, and we don’t practice in any
other courts. Our entire law firm is dedicated to defending individuals who have
been accused of a DUI or other criminal charges right here in Orange County. If
you or a loved one has been arrested on a DUI charge in Orange County, rest assured
that the prosecution team is working hard to gather evidence to convict you. Call
us to schedule a free in person consultation. Bring the evidence against you to
the meeting and be ready to ask questions. Let us formulate the best possible defense
for your case. Call us today for your free initial consultation (800) 706-7888.