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.
Whether the charges against you involve theft, assault, domestic violence, drugs, or homicide, and whether the arrest is for a misdemeanor or felony, Kaizuka Law can help. We have the expertise to handle a variety of criminal cases, including: assault and battery; burglary; cleaning up criminal records; criminal cases involving mental health issues; domestic violence; DMV administrative hearings; driving under the influence (DUI) charges; drug offenses, including personal possession as well as possession for sales; homicides, including vehicular, attempted, and murder; sex offenses; strike cases – violent and serious offenses; and theft offenses ranging from petty theft to embezzlement.
It is important that you get your questions answered and get a knowledgeable and local criminal defense lawyer involved in your defense as soon as possible.
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.
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.
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.
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.
