A DUI Arrest and Charge Doesn’t Always Equal Conviction

A DUI Arrest and Charge Doesn’t Always Equal Conviction

Posted By: Arata Swingle Van Egmond & Goodwin on Feb 25, 2015

According to the California Highway Patrol, there were fewer drunk driving arrests statewide during the 2015 New Year’s holiday than in 2014. Statistics show that there was a 4.6 percent decrease in the number of drunk driving arrests statewide.

The California Highway Patrol looked at a 12 hour timeframe from New Year’s Eve to New Year’s Day 2014 and found that a total of 324 DUI (driving under the influence) arrests occurred statewide. However, the same timeframe for this year showed a total of 309 DUI arrests.

The statewide decrease was not felt everywhere. San Diego County experienced a 42.9 percent increase in DUI arrests, and Orange County had a 57 percent increase. It is also important to note that the statistics reflect only Highway Patrol arrests made between 6:01 p.m. on December 31 to 6 a.m. on January 1.

Although many people were arrested and charged with a DUI, this does not mean all of them are guilty of the crime. DUI defenses do exist, and if someone has a defense, they have every right to present it in front of a judge or jury to fight a charge and prevent a potential conviction.

Some of the defenses to DUI include whether:

  • There was reasonable cause to stop the individual charged
  • The person charged was the driver of the vehicle
  • The person charged had functional control of the vehicle with the present ability to drive
  • An appropriate investigation was conducted
  • The individual was impaired while driving
  • The individual’s BAC was .08 or greater at the time of driving

During a traffic stop, law enforcement officials are expected to do their job and properly charge an individual with the appropriate crime.

However, this is not always the case. An officer may have stopped someone for improper reasons that will not hold up in court – reasons that violate the individual’s state and federal constitutional rights. The officer also may have failed to conduct a proper investigation or collect evidence showing the driver was actually impaired at the time of driving.

If you, or a loved one, have been charged with a DUI, hiring a criminal defense attorney to help with your DUI defense can be vital to your future.

Arata, Swingle, Van Egmond & Goodwin have been assisting with DUI defense preparation and presentation for many years. We value our clients and want to ensure their rights are upheld in court.

For a free initial consultation, we welcome your call to our office at (209) 522-2211.