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Aggressive defense may be required for DUI charge over Halloween

It is not uncommon for California residents to partake in Halloween celebrations, and it is not uncommon for law enforcement authorities to increase drunk driving patrols at this time of year. A traffic violation could lead to a driver being pulled over by police. Once officials have a reason to pull a driver over, a DUI charge may follow if there is an indication of intoxication.

Drivers who are accused of drunk driving typically benefit from the services of a legal representative. A drunk driving charge, in and of itself, is simply an accusation. As such, it does not prove anything. The burden of proving the accusation is on government prosecutors, and no conviction is possible absent substantial evidence of guilt that meets the strict requirements of the California criminal justice system. 

In a number of instances, breath testing and/or blood testing may be unreliable and subject to legal challenge in court. An attorney can assess whether any breath testing device used was properly calibrated and whether law enforcement agents followed appropriate procedures. A defense lawyer may also question the reason for the traffic stop in the first place.

California drivers who are pulled over and charged with drunk driving are fully entitled to retain legal council. Hiring an experienced DUI defense attorney is typically the first step to take after an arrest. A lawyer will fight to protect the legal rights of a client facing a DUI charge and advocate for his or her best interests at every stage of the criminal proceedings. 

Source: turlockjournal.com, "Halloween anti-DUI campaign planned", Oct. 23, 2015

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