Arrested for DUI in Bakersfield?
Let Our Bakersfield DUI Defense Lawyers Defend You
DUI arrest can be a stressful experience. At the time of your arrest, the
law enforcement officer may have conducted a series of tests in order
to determine your blood alcohol content (BAC) level. Anything over .08
percent is considered illegal, and this percentage is usually determined
by administering a chemical test, such as a blood, breath, or urine test.
At Campbell Whitten, we understand how hopeless your case can seem when
this kind of incriminating evidence has been gathered by law enforcement
to convict you. Our experienced DUI attorneys have some good news: we
can fight back for you. When you choose to entrust your case to our team,
you can rest easier knowing:
- We have handled thousands of DUI cases
- We do not take any chances with the outcome of your case
- We have been named among the 14 best criminal defense attorneys in the country
If you were arrested for DUI, call our Bakersfield DUI lawyers today. Our
legal team will work tirelessly to investigate your charges from every
angle and use our findings to aggressively dismantle the arguments against you.
Possible Defenses to a DUI Charge
An arrest does not equal a conviction. You have the right to a fair trial,
and our team will stand by your side and fight to defend your rights every
step of the way. It is equally important to remember that police officers
can make mistakes. In fact, it is possible that your charges can be dismissed
entirely if one error that was made during your arrest.
Evidence of any of the following may be used in a defense to your charges:
- Contesting the validity of the stop
- Whether you were actually seen driving before you were arrested
- Whether your blood alcohol (BAC) was rising
- Acid reflux (Also known as gastroesophageal reflux disease (GERD))
- Failure to properly preserve your blood sample
- No 15 minute observation waiting period prior to the breath test
- Unreliability of breath machine
- Officer credibility
Whether we manage to obtain a reduction or dismissal of the charges, you
can be sure that when you entrust your DUI case to Campbell Whitten, we
have your best interests in mind and we will relentlessly fight for you
with every defense option available.
Common Questions about DUI
Is there enough evidence to prove their case?
One thing that is important to keep in mind when it comes to arguing possible
defenses is that regardless of what actually happened, the prosecution
has the burden of proving beyond a reasonable doubt that every element
of the crime charged is established by the actual
evidence. For example, if the prosecution cannot prove that you were driving, we
can argue they have failed to meet their burden. Evidence that
more than likely proves your guilt is not proof beyond a reasonable doubt.
Were you arrested during a valid traffic stop?
If the officer did not have legal grounds for stopping or detaining you,
any evidence obtained (for example, alcohol tests and incriminating statements)
will be suppressed. This almost always results in the case being dismissed.
Is there proof that you were driving at the time of the stop?
If you were not behind the wheel of a moving vehicle when contacted by
the officer, then regardless of what your level of intoxication was, the
prosecution must prove that you were driving.
Can they prove you didn't have any alcohol between the stop and the arrest?
There may have been a gap of time between when you were driving and when
you were first contacted by an officer. If the prosecution cannot prove
that you didn't have anything to drink during that space of time,
it may be difficult for them to prove what your level of intoxication
or BAC was at the time you were driving.
Can they prove that the breath or blood test is reliable and accurate?
Testing breath to determine the amount of alcohol in a person's blood
is a very technical procedure. If the testing process is not done exactly
right - and sometimes even if it is - the result can be unreliable or
inaccurate. For example, the accuracy of the breath result can be dramatically
affected by the equipment used, the maintenance of the equipment, the
way the officer administered the test, the officer's training, whether
you were sick, on medication, or if you had recently drank, eaten, burped,
coughed, or sneezed, just to name a few.
- Likewise, we force the prosecution to provide documentation proving that
the blood sample was drawn properly, preserved properly, and tested properly.
We scrutinize all the documents (often hundreds of pages) and look for
any mistakes that may have been made, or indication that the result may
be unreliable or inaccurate.
Do you have a rising blood alcohol defense?
It can take up to an hour and a half for alcohol to be processed into
your blood stream. We may be able to argue that even though you were over
the legal limit at the time you were tested, you may have been below the
legal limit at the time you were actually
driving. If you have a few drinks at a bar, drive three blocks home, and after
an additional hour at home find yourself beginning to feel intoxicated,
that does not mean you were under the influence when you driving home earlier.
Did you have an open container of alcohol in the vehicle?
Many people think that having an open container in the vehicle is bad
for their case. However, while it may result in a ticket for an infraction
and perhaps even cause the officer to suspect you of DUI, if properly
argued the existence of an open alcohol container can provide a strong
argument for a rising blood alcohol defense.
Were you read your Miranda Rights?
The officers are not required by law to read you your rights, but failure
to do so could result in the exclusion of incriminating statements and
therefore significantly help your case.
How was your performance on the field sobriety tests?
Regardless of how you actually did on these tests, the officer may put
in the report that you failed them. However, there are numerous ways to
attack field sobriety tests as a reliable method of determining impairment.
Field sobriety tests are, at best, measurements of your balance and physical
coordination, abilities that vary from person to person. Therefore, an
individual's performance does not necessarily indicate that he is
under the influence of alcohol or drugs. We have been able to discredit
these tests time and time again by establishing that the instructions
were improperly given, the individual could not perform them even while
sober, and by presenting numerous peer-reviewed studies that prove the
unreliability of the tests.
Do you have any medical conditions that may have affected the breath results?
Certain conditions such as GERD, acid reflux, or heart burn, can cause
false readings. Whether or not you are sick (the flu or a cold for example),
diabetic, or use an inhaler for breathing-related issues is also significant.
Contact Our Award-Winning DUI Lawyers Today
If you or someone you know is facing DUI charges, please do not hesitate
to contact our DUI lawyer in Bakersfield. Our firm's dedicated focus
on criminal defense matters makes us the best choice when looking for
a qualified and aggressive legal team to defend you and protect your rights.
Don't take our word for it. Take a look at our
recent case results.
Call us today or request a free case evaluation
of your DUI case. The sooner we hear from you, the sooner we can jump into
the ring and fight for you.