Duarte False DUI Defense

What To Do In Case of A Wrongful DUI Arrest in Duarte

Getting charged with a DUI offense can be overwhelming, and its consequences can be challenging. Being charged with a DUI offense under the California Vehicle Code not only puts you in a situation where you end up paying heavy fines and facing possible jail time but will also leave you with a criminal record since a DUI is a criminal offense under the Code.

However, there are times when you might be given a wrongful DUI arrest in Duarte. In such a situation, it is always the best first step to take these charges to trial with the help of a knowledgeable and highly reputable DUI lawyer. A Duarte DUI lawyer can help you overcome a false DUI arrest.

A police officer has the power to arrest a person if that person is driving under the influence of alcohol or some other intoxicating substance. However, the officer does not have the right to forcefully or wrongfully arrest a person just based on a generalized belief that said person might be intoxicated. In the case of a false DUI arrest in Duarte, California, you have the right to challenge it in court with the help of a lawyer. A reliable and reputable Duarte DUI lawyer will be able to guide you through the ordeal and help you fight the case.

Do Not Hesitate To Contact Us If You Have Received A DUI Offense in Duarte

What Does a False DUI arrest Involve in Duarte?

A false DUI arrest refers to the wrongful and intentional restriction of your freedom against your consent based on the false belief that you were under the influence of alcohol or some other prohibited substance while driving. When officers fail to follow the proper procedure before arresting you, you have the right to defend yourself with the help of a qualified and reliable lawyer who specializes in DUI offenses.

Situations Where a Wrongful DUI Arrest is Undertaken by a Duarte Police Officer

If a police officer has arrested someone without authority or beyond the scope of the powers vested in him or her, then that officer will be committing a false DUI arrest. The officer can arrest a person only if a crime has been committed or if he or she has reason to believe that a crime is being committed. If you have been arrested without committing a crime, then constitutes a false arrest. Thus, if the officer arrested you on the basis of a DUI offense without there being any supporting evidence, then it is a case of a false DUI arrest.

As per procedure, there are certain legal rights you have that you should be aware of. These are the rights that are often ignored by the police:

• The presence of legally sufficient facts to constitute a “probable cause” to stop, detain or make an arrest.
• The advice that submission to a field sobriety testing or a breathalyzer test is not required by law.
• You must be advised of your constitutional rights known as the “Miranda Rights” before any further questioning takes place after you have been arrested.
• There must be a choice that should be given to you between breath and blood testing and if you refuse, you must be advised of the legal consequences that follow.

Since a breath sample is not saved during a breath test, you must be given a chance to obtain a blood sample for an independent testing by your DUI defense attorney at a later stage.

As per the relevant sections of the California Vehicle Code, drinking and driving is a punishable offense that has severe penalties and punishments attached to it. If you have been arrested for a DUI offense by the police without there being any evidence to support the arrest, then it is a false DUI arrest committed by the police in Duarte and California. A wrongful DUI arrest, on the other hand, is when a police officer arrests you beyond the scope of their powers. In such a case, hiring a highly reputed and skilled Duarte DUI lawyer can help you get out of these false charges.

Diabetes DUI Defense in Duarte and California

In the case of diabetes, the breath tests commonly used by the police officers can register acetone as alcohol. Studies have shown that they can be as high as 0.6. If that is added to your BAC level, it may go way above the prescribed limit. In such a case, it is necessary that you hire a reputable Duarte DUI lawyer who will structure a proper diabetes DUI defense in your case by proving to the Duarte court that you have been wrongfully charged.

For more information, contact us today. We will be more than willing to help you with your wrongful DUI defense.