SACRAMENTO DUI DEFENSE

DUI Evidence

Just because you’re facing a DUI arrest doesn’t mean you have to be convicted of a DUI offense. While many choose to accept the hand, they’re dealt; others know that tackling a DUI charge head-on is often the best way to overcome it. With the help of a skilled DUI attorney – such as those at the Law Office of Joshua Kaizuka – you can mount a strong DUI defense that can help to reduce or even eliminate the charges against you.

DUI cases are a complex area of law with many regulations at both the state and federal level. For those who decide to tackle a DUI charge on their own, the process can seem nearly impossible. However, with the help of an experienced DUI law firm, your chances of success are exponentially improved.

A good DUI attorney knows how to analyze the facts of a case to determine:

  • What charges (if any) are valid
  • Was the traffic stop and arrest lawful
  • Whether or not all procedures were followed correctly
  • If crucial evidence was handled properly
  • How other external factors may come into play

If you feel that you may have been wrongly accused of a DUI violation, or if you have specific questions about your case, contact the Law Office of Joshua Kaizuka at 916-706-0678 to set up your free attorney consultation.

MANAGING A DUI CHARGE

One of the first steps in managing a DUI charge is to request a DMV hearing regarding your case. This hearing is a preventative measure to ensure that you will still be able to drive while your case is being processed.

Filing for a DMV hearing is a time-sensitive event, as this action must be completed within ten days following your arrest. Failing to do so means the DMV can usually confiscate your driver’s license 30 days after your arrest if it was related to alcohol. It goes without saying that not being able to drive can be devastating to a person’s income, ability to take care of their family or hope to have any social life.

While filing for a DMV hearing doesn’t make a DUI charge go away, it does allow the accused to maintain their driving privileges until their DMV case is resolved. Even more important is the fact that scheduling a hearing allows your attorney to immediately request a copy of the police report, any dashcam or body camera video, breath test equipment records, and blood tests that may be used in the prosecution of your case.

This evidence can help your DUI lawyer better prepare for your case before the DMV hearing date arrives and in many instances the criminal case. Reviewing these reports, along with thoroughly investigating the scene of the arrest, can often provide enough firepower for your attorney to get a DMV administrative suspension set-aside or obtain a dismissal or reduction in the criminal case.

Facing a DMV hearing can be intimidating for anyone not familiar with the process. That’s why you need the backing of an experienced DUI attorney to help guide you through this confusing time. The Law Office of Joshua Kaizuka has over 15 years of experience in DUI law and is ready to assist you in negotiating the settlement of your case.

If you or someone you know has recently experienced a DUI arrest, contact the Law Office of Joshua Kaizuka today to learn more about our services and find out all the ways we can help.

COMMON DUI DEFENSES

Although DUI arrests are often assumed to be open-and-shut cases, our attorneys regularly prove this theory wrong. There are a number of factors that can cause the validity of a DUI charge to be brought into question. Here are a few of the most common:

PROBABLE CAUSE​

Contrary to popular belief, a police officer cannot simply “pull you over” for no reason or a hunch. There has to be some type of indicator – or action on your part – to cause them to believe you were violating the law.

Swerving or speeding are frequently cited as the main reasons for a traffic stop, but these behaviors can stem from other factors besides just intoxication. For example:

  • Fatigue
  • Medical Conditions
  • Temporary Distractions (adjusting the radio, looking for something, texting, etc.)
  • Vehicle Problems

An experienced DUI attorney knows how to identify these factors and use them properly in the defense of your case.

INCONCLUSIVE SYMPTOMS

No doubt the arresting officer will say that you were “intoxicated” due to some aspect of your physical appearance. Such symptoms might include:

  • Bloodshot or watery eyes
  • A flush face
  • Slurring of speech
  • Balance issues
  • Smell of alcohol

While it’s true that many of these conditions are signs of impairment, they are not always due to drugs or alcohol. These same symptoms can arise from everyday occurrences such as common colds or allergies, fatigue, physical injuries or from taking certain over-the-counter medications.

It is your attorney’s job to help identify what are the facts and what is merely someone else’s perception.

IMPROPER PROCEDURES

There are complex rules dictating why, when and how someone can be charged with a DUI. Because of these strict guidelines, failure on the part of anyone involved with the case to follow these rules can lead to grounds for a case dismissal. Some of the questions that often arise are:

  • Was the person(s) conducting the field sobriety or blood test properly administering the test as trained and required?
  • When and how was the testing equipment last calibrated?
  • If any checklists were used for the procedure, was each step performed (and documented) exactly as specified?
  • Has all evidence of the case been properly handled?

If there are deviations from any of the prescribed protocols, a good DUI lawyer will be able to find the faults and use them in arguing your defense.

RISING BLOOD ALCOHOL

Once ingested, alcohol does not immediately enter your bloodstream. For an average person, this process can take somewhere between 20 – 45 minutes full absorption. However, depending on a number of other factors (size, weight, food in the stomach, metabolism, etc.) the time required to reach one’s peak BAC (Blood Alcohol Concentration) could be as much longer or shorter.

So what does this have to do with your DUI case? It means that your blood alcohol level at the time of testing MAY NOT be reflective of what was true at the time of driving. It’s not a crime to be impaired before or after you’ve gotten behind the wheel – only at the time when you are actually driving.

The experts at the Law Office of Joshua Kaizuka have worked on countless cases involving rising BACs and know how to point out the discrepancies that may lead to a case being overturned or charges being reduced.

CHOOSING YOUR DUI ATTORNEY

There are many other defenses and tactics that can be used in fighting DUI charges, but without a wealth of knowledge and a strong background in this area of law you could be facing an uphill battle.

Don’t risk losing something as valuable as your driving privileges. Your ability to make a living, provide for your family or experience all the freedom that life has to offer is at stake. Partner with an experienced DUI attorney to plead your case, fight on your behalf and ensure your rights are protected.

The professionals at the Law Office of Joshua Kaizuka are experts in DUI defense and know what it takes to win even the toughest of cases. If you or someone you love is facing a DUI charge, contact us today to learn more about our services.

Remember, consultations are free, and we’re always honest about discussing the merits of your case. In other words, we don’t take on clients that we can’t help.

Stop worrying about your life and start taking action. Call us today at 916-706-0678 and let’s discuss what we can do for you.