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DUI Defenses

If you have been arrested for DUI, do not think you are without options.  The best thing you can do for yourself and your case is to retain the services of a skilled DUI defense attorney.  An experienced DUI defense attorney can review your case and determine defense tactics that will work in your favor.  Often times, law enforcement will make critical errors that can impact the outcome of your case.  Their mistakes can work to your benefit and solidify your defense.  With the help of a DUI defense attorney, you can identify these errors, and move forward with confidence during your legal proceedings. 

Some common errors that law enforcement can make during DUI cases include:

Not Reading Miranda Rights
When a person is placed under arrest, law enforcement must read his/her Miranda Rights.  Miranda Rights inform the person of his/her right to remain silent, right to an attorney, and right to have an attorney appointed to him/her.  If law enforcement fails to read the person his/her Miranda Rights, anything the person may have said may not be admissible in court.  This means that any questions the person answered, or confessions the person made about his/her driving behaviors prior to his/her arrest, may not be heard by the judge.

Reporting Inaccurate Blood Alcohol Test Results
People are often under the assumption that blood alcohol test results are 100% accurate.  This could not be further from the truth.  In many cases, a person’s reported blood alcohol concentration (BAC) is false.  An inaccurate BAC can result from police radio interference or from an unlicensed person administering the blood alcohol test.  A person’s reported BAC can also be inaccurate if the person consumed food, used mouth wash, or has certain medical conditions.

Illegal Arrest
Before law enforcement can legally place a person under arrest for driving under the influence, they must have enough probable cause (reasonable doubt).  Seeing a person disobey a traffic sign, or noticing a person has bloodshot eyes, does not constitute reasonable doubt.  Law enforcement must go beyond appearances to establish probable cause.  Officers must have legitimate grounds before they can place a person under arrest.  If an arrest is made without sufficient probable cause, the arrest is considered illegal. 

San Bernardino and Riverside DUI Defense Attorney

The Law Office of Michael J. Holmes is a leading DUI defense firm servicing San Bernardino and Riverside Counties.  Michael J. Holmes is an experienced defense attorney who is dedicated to helping his clients successfully fight their DUI charges.  Attorney Holmes has handled countless DUI cases and he understands the complex nature of DUI charges.  As a knowledgeable defense attorney, Michael J. Holmes knows how to build a winning case based upon the facts.  With most cases, Attorney Holmes is able to refute evidence presented by state prosecutors because he once served as a prosecutor.  With Attorney Michael J. Holmes on your side, you can fight your DUI charges and move forward with your life.

If you have been charged with DUI in San Bernardino or Riverside, call the Law Office of Michael J. Holmes at (888) 393-4LAW today!  For your convenience, the Law Office is available 24 hours a day and weekend appointments are accepted.  Your initial consultation is FREE. 

Contact the Law Office of Michael J. Holmes!

The Law Office of Michael J. Holmes is proud to provide aggressive legal representation for DUI clients in San Bernardino, Riverside, San Diego, Los Angeles, and Orange County.  

 

 

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The information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.


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