A DUI lawyer in Indio can discuss your case with you and show you how to beat the case.
Consequences for a DUI in Indio: DMV and Criminal Court.
Every DUI case involves DMV and criminal court processes that can effect the driver’s life.
DMV: DUI License Suspension
A DUI license suspension will be issued by the DMV automatically if you were arrested for DUI. This can be avoided if a request for a DMV hearing on the matter is made and you are able to defend against the charges.
In criminal court, the driver arrested for DUI can face felony or misdemeanor charges, depending on the nature of the case against them. Felony DUI cases are the most serious, but luckily are relatively rare. Most DUI cases are charged as misdemeanors, with up to 1 year of county jail as a possible penalty.
Indio is located in the Palm Springs area, in eastern Riverside County. Indio and its surrounding communities get a disproportionate number of DUI cases because of its proximity to major highways, and the fact that vacationing and party going drivers frequent the highways east of Los Angeles. Situated between the Colorado River areas, Las Vegas and the Los Angeles basin, the Indio area including the Cochella Valley are a spot where DUI arrests are frequent.
What can an Indio DUI Lawyer do?
An Indio DUI lawyer who is familiar with the legal and scientific defenses available in DUI cases will review your case and look for defenses that are useful in beating DUI cases. The most common defenses used are:
-Rising Blood Alcohol Level Defense
-Attacking Police Probable Cause for the arrest
-Attacking the accuracy of the blood or breath testing used
What is a rising blood alcohol level defense?
A rising blood alcohol level defense is a defense that shows the driver’s blood alcohol level was below the legal limit when they were pulled over. Due to absorption of the alcohol in the person’s system, the blood alcohol level rises to above the legal limit when they are later tested by law enforcement. This defense is useful in cases where the driver’s blood alcohol level is at or slightly above the 0.08% blood alcohol level.
How does attacking the probable cause of the arrest help a DUI defendant?
Law enforcement in the U.S. cannot simply stop people on a whim or a hunch. The law in California and indeed the rest of the country is clear: a warrantless detention by police is itself unlawful, unless the officer involved has probable cause to believe a crime is occurring. This means the officer must witness an actual violation occur, or circumstances that are narrowly defined in CVC 40300.5 to support a finding that probable cause existed.
For more information, call 213-400-0358 and speak with an Indio DUI Lawyer.
Useful Indio DUI Lawyer Links:
Indio Superior Court, Riverside County This link is to the Riverside County Indio Courthouse, located in Indio, CA. Most DUI cases from Indio and the surrounding areas are heard at this courthouse. The map below shows the location of the Indio Courthouse: