If you have been arrested for suspicion of a DUI, you still have yet to be found guilty. The process of being found guilty or not guilty of a DUI will occur through the criminal justice system. Either you may plead guilty, or you have the option to stand trial and be found guilty or not guilty by a jury of your peers.
Throughout the process of your criminal case, the Prosecutor will present evidence that they believe proves their case for a DUI. In order for a Prosecutor to find you guilty of a DUI, they must prove that you are guilty of each of the elements of a DUI, beyond a reasonable doubt. The elements include that the person was driving and that the person was intoxicated.
Throughout the process of the case, evidence will be presented by both sides. You also have the right to present evidence. Evidence will include testimony, any blood alcohol tests, officer reports, and any other items that are admissible under the evidence code to either prove or disprove the elements of the case.
The evidence code prevents certain pieces of evidence from being admitted. Additionally, of evidence is not obtained properly, then it may also be excluded. For example, oftentimes blood tests may be excluded. If crucial evidence is successfully excluded, this could lead to the dismissal of your case.
Let’s consider an example:
Donna has been arrested on suspicion of a DUI. During her arrest, she refused to have her blood drawn and did not give her consent. However, officers drew her blood despite this fact.
In accordance, with case law, officers cannot draw your blood without your consent. Doing so is a violation of your fourth amendment rights.
Having an experienced Los Angeles DUI Attorney represent you in court has its benefits. Attorneys know the procedure and what motions need to be filed that will suppress the evidence. One such motion is called a Wilder Motion. A Wilder motion is generally filed by criminal attorneys to request suppression of evidence, however, it does not state any arguments or facts which benefits the attorney’s argument.
If you have been arrested for suspicion of a DUI, it is important to contact a DUI attorney. An attorney will provide you with the advice and guidance that you need. A criminal charge is a serious charge and can lead to long term consequences. Assure that you have the best possible argument in your favor so that the case is dismissed or in the very least, reduced.