Fisher Law Office

Countering a drunk driving charge in California

When an individual is charged with drunk driving, it does not mean that the person is guilty of a crime. There may be a variety of defenses to the charge that the defendant and counsel can employ. For instance, it may be possible to show that an individual drove while intoxicated to prevent a greater harm from being committed.

Another defense to the charge is to claim duress. This would involve the assertion that the individual drove while intoxicated under the threat of bodily harm or death. In addition to affirmative defenses, it may be possible to dispute the legality of the traffic stop that led to the charge. Furthermore, it could be claimed that a field sobriety, blood or breath test was not performed properly or there was a problem with the chain of custody after the test was conducted.

The person charged with the crime could argue that the police officer who took the driver into custody acted improperly. Examples of improper action by a police officer includes faking a police report or violated the defendant's civil rights at the time that he or she was taken into custody. Finally, it may be possible to argue that the person charged was not the person driving the vehicle when it was pulled over.

An individual who is charged with drunk driving could face several negative drunk driving consequences. For instance, it may be possible for the defendant to face jail time, probation and a fine. Furthermore, the driver may also lose his or her license temporarily or permanently. With so much on the line, those who are facing these charges may find it advisable to consult with an attorney as quickly as possible in order to conduct a defense strategy for use before or at trial.

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Fisher Law Office

1322 Morro Street
San Luis Obispo, CA 93401-4028

Phone: 805-706-0205
Fax: 805-542-0464
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