If you are arrested or investigated for an offense involving operating a vehicle under the influence of alcohol, drugs, or other substance, you could be facing potentially life-altering consequences. DUI offenses typically carry severe penalties due to the state holding a firm stance in trying to prevent intoxicated driving.
For that reason, it is critical to seek the assistance of an accomplished attorney experienced in DUI law to help ensure that your legal rights are protected throughout the case. An experienced Fremont DUI lawyer understands the elements associated with driving under the influence charges and what the state prosecutors need to prove beyond a reasonable doubt to find a person guilty of a DUI offense.
Driving under the influence is an overarching term that encompasses several different charges under state law. DUI offenses are broken down into charges based on a driver’s intoxication level, whether injuries were caused by the intoxicated driver, and many other circumstances. Some of the most common intoxicated motorist charges under state law include:
An individual charged with driving under the influence will be issued a citation or notice that will tell you what exactly the charges are that you may be facing. The severity of a charge often depends on the level of intoxication, damage caused, and previous convictions of DUI-related offenses. Typically, a state prosecutor is unwilling to reduce the charges in a DUI case if a charged individual has a history of driving under the influence, caused injury to another person, caused serious property damage, drove in a wanton or reckless manner, or consisted of some other aggravating factor like having a child in the car.
Many DUI charges could result in severe penalties, including jail time, the loss of driving privileges, and significant fines and court costs. It is important to keep in mind that the penalties for a DUI get harsher with every prior within a 10 year period. If someone is facing a fourth DUI – they can be charged with a felony. A seasoned Fremont DUI defense lawyer can fight for an individual’s legal rights throughout the criminal process by making sure that law enforcement, as well as the prosecution, has not violated any constitutional rights, that any test results are reviewed for accuracy and reliability, and by exploring any other potential defenses that may be available like whether the driver was on a rise or if the individual was even driving at all. An experienced DUI lawyer will work towards a dismissal, acquittal, reduction of the charges or other means of securing a positive outcome for the client.
In order to legally stop a vehicle, law enforcement must have a good reason to do so. Something as simple as a tail light being broken may be enough for the officer to pull you over to tell you it is out and to get it fixed. Once at your vehicle, if they smell alcohol, or have some other indication you may be driving while intoxicated, they have grounds to investigate further. If, however, the officer does not have a good reason to stop you, and you are then charged with DUI, your charges may be able to be dismissed. If, perchance, the officer failed to comply with all of the relevant state laws relating to collecting evidence there may be a basis for a dismissal or a not guilty verdict in the case as well. Blood and other tests require a strict chain of custody for taking the sample, testing the samples, and maintaining the evidence, which could be lacking in some cases. A keen DUI lawyer can find these errors and holes and talk to you about how it impacts the strength of the prosecution’s case against you.
Poking holes in the prosecution’s DUI case requires extensive investigation into the circumstances surrounding the offense. Law enforcement are not inclined to admit to their own wrongdoing and do not always fully investigate a case or properly handle evidence. It is crucial to have a dedicated Fremont DUI lawyer to help present a strong defense on your behalf to help you through the murky waters of a DUI charge.
Due to the substantial consequences that come with an intoxicated driving charge, it is essential you do not attempt to defend yourself. The experienced DUI lawyers at The Nieves Law Firm can help fight for your best interests throughout the legal process. Call today for a free consultation and an evaluation of your charges and the potential defenses available to you.
The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.
We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.
As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.
From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.
We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.
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