If you’ve been charged with a DUI in Orange County, it’s important to remember that you were innocent until proven guilty. The burden is on the prosecution to prove every element of the DUI charge beyond a reasonable doubt. The best way to fight a DUI charge is to hire a skilled California criminal defense attorney who can identify the major flaws in the prosecution’s case and provide evidence showing they haven’t met their burden of proof.
- Identify Legal Flaws or Doubts About Key Evidence Against You
Law enforcement officers and prosecutors must follow many different policies and procedures when prosecuting defendants. When law enforcement officers intentionally or unintentionally fail to follow these procedures, your attorney may be able to petition the court to dismiss evidence gathered against you. Your attorney will be able to review the police report and any other evidence of the incident and determine which violation or violation of your rights and police procedure to focus on.
- Investigate Any Constitutional Violations
When Law Enforcement Officers obtain evidence against you unlawfully, your attorney can petition the court to make the evidence inadmissible. Your defense attorney can attempt to invalidate the evidence the prosecution is bringing against you. Most DUI cases rely on sobriety tests and chemical Testing to prove that you were intoxicated while driving.
Suppose the law enforcement officer did not have enough reasonable suspicion to pull you over. In that case, the right to be free from unreasonable searches and seizures was violated. Similarly, if the officer did not have probable cause to arrest you, you can argue that there was an unconstitutional arrest. If you were not read your Miranda rights, your attorney could petition the court to strike any incriminating statements you made during interrogation.
- Prove that the Sobriety Tests or Chemical Tests Were False
Breathalyzer machines are well known for having significant problems. When the machine isn’t well maintained, it can give inaccurate reports and false positives. Officers need specific training on how to use the device correctly. If they don’t administer the test correctly, your attorney can petition the court to make the evidence gained by the breathalyzer test inadmissible. Also, law enforcement officers must observe you for 15 minutes before trying a breathalyzer test. The test results can be inadmissible if they have not waited the correct amount of time.
Additionally, many different problems can come from blood alcohol testing. The blood has to be stored in a safe and sterile environment, and it can’t be due to an injury. Additionally, outside factors can contaminate blood samples and give false positives.
- Contact a Skilled DUI Defense Attorney
Hiring a skilled Orange County criminal defense attorney as soon as possible will give you the best chance of fighting a DUI charge. Attorney William M. Bruzzo has a proven track record of successfully fighting DUI charges, and he is ready to provide you with a skilled and effective legal defense. Contact Bruzzo Law today to schedule a free consultation and learn more about how he can fight for you and your rights.