DUI charges are a serious matter, and a conviction can leave you facing considerable legal, financial, and social consequences. Having an experienced DUI attorney in your corner is the surest way to help limit your exposure to negative consequences, and the right DUI attorney for you has an up close and personal working relationship with the San Fernando Courthouse – serving San Fernando, Granada Hills, Pacoima, and Sylmar. Every courthouse has its own unique systems, priorities, and practices in place, and the more familiar your DUI lawyer is with the San Fernando Courthouse, the better protected your rights are and the better off you’ll be.
An Officer Can’t Pull You Over on a Hunch
In order to pull you over under suspicion of DUI, the officer in question must have reasonable suspicion that you are committing or recently have committed a crime. Common examples that police officers often cite as constituting reasonable suspicion for DUI stops include:
- When a driver weaves in and out of his or her lane
- When a motorist drives erratically in general
- When a motorist drives far too slowly or in an otherwise overly cautious manner
- When a motorist remains stopped at a traffic light that has already turned green
DUI arrests, however, are often predicated on routine traffic stops (that evolve into DUI arrests), such as for any of the following:
- A driver who has expired tags on his or her plates
- A driver whose vehicle has a burned-out headlight or brake light
- A driver who fails to dim his or her high beams
- A driver who engages in any traffic infraction, such as speeding or passing illegally
Being stopped for a traffic infraction in and of itself, however, does not amount to probable cause for a DUI arrest.
In Order to Arrest You
In order to arrest you for DUI, the officer who stopped you needs to have probable cause to believe you are drunk or otherwise impaired. Some facts that may justify a DUI arrest include:
- The officer observes that your eyes are bloodshot.
- The officer determines that your breath smells of alcohol.
- The officer determines that you are slurring your words.
These matters are fairly subjective, which makes the standard of probable cause less restrictive than you might think.
An Important Point about the Breath Test
If you take a breath test that leads to a reading above the legal limit, you can expect to be arrested for DUI. The legal limit for blood alcohol concentration (BAC) in California (and in nearly every other state) is 0.08 percent, and if your BAC is above this limit, a DUI arrest and charge will result. The results provided by the portable breathalyzer that the officer uses at the side of the road, however, are not admissible in court (due to inconsistencies and inadequate reliability overall). The test results will, nevertheless, suffice as probable cause for making a DUI arrest. While it is your right to refuse a breath test at this juncture – prior to arrest – doing so can do more harm than good in terms of your driver’s license suspension and overall legal consequences. If you are arrested for DUI, you no longer have the legal right to refuse a breath or blood test – based on California’s implied consent laws (in which every motorist implies consent to be tested when he or she gets behind the wheel).
Knowing the San Fernando Courthouse
Like other court systems, the San Fernando Courthouse has its own processes and procedures in place, and it is run by its own unique judges, prosecutors, legal professionals, and staff members who keep cases running smoothly through the legal process. The factors that make the San Fernando Courthouse unique can directly affect the outcome of your DUI case, and if your criminal defense lawyer hasn’t put in considerable time in this court system, you’re not doing yourself or your DUI case any favors. Having a criminal defense attorney who is well attuned to the courthouse’s inner workings can help in all the following ways:
- Your DUI lawyer will know exactly what steps you can take prior to your hearing to help ensure your case’s best possible conclusion. Sometimes, inpatient or outpatient rehab is advised.
- Your DUI lawyer will know how the prosecutor in your case is likely to proceed and will build your strongest defense in response to this prosecutor’s expected moves going forward.
- Your DUI lawyer will know when you should stand your ground, when you should give a little, and when you should push back in relation to your defense and any attempts at making a beneficial plea bargain.
- Your DUI lawyer will ensure that your case proceeds according to the unique administrative demands of the San Fernando Courthouse (helping to avoid any costly administrative missteps).
- Your DUI lawyer will help you make the right decisions for you – in relation to the unique inner workings of the San Fernando Courthouse – throughout the legal process.
Being represented by an experienced DUI attorney who has his or her finger on the pulse of the courthouse in which your case is being heard can prove exceptionally beneficial, and the associated advantages should not be overlooked.
Don’t Wait to Consult with an Experienced San Fernando DUI Lawyer
The serious consequences of a DUI conviction demand that you bring your strongest legal defense, and the best way to accomplish this is with a DUI lawyer who has built close working relationships in the San Fernando Courthouse – serving San Fernando, Granada Hills, Pacoima, and Sylmar. If this is the situation you find yourself in, Mark Rosenfeld at the Law Office of Mark Rosenfeld is the right attorney for you and is standing by to help. Mr. Rosenfeld has dedicated his impressive practice to helping clients like you successfully maneuver their DUI cases through the San Fernando Courthouse system – toward advantageous conclusions. For more information, please contact or call us at 310-424-3145 today.
Personal Attention
