Exercise Your Legal Rights in a DUI Arrest

Knowing your rights
It’s very important for you to know about your legal rights at the time the police arrest you for a DUI. As how you exercise your legal rights has a significant impact on the outcome of your DUI case, it’s vital that you know and exercise them properly.
Miranda rights
Although the police are required to read out your Miranda rights, the exact wordings may vary from state to state, which means that basically at the time of arrest the police are required to explain to you your right to remain silent and that you have right to an attorney, and if you cannot afford one the state will provide you an attorney free of charge.
The real life scene
On TV and in movies you may have seen a police officer reading a suspect his / her rights putting on the hand cuffs for proceeding to the police station, but the real life scene is a bit different. A police officer may not read you your Miranda rights before he / she takes you down to the station. This is due to the fact that the police are not required to inform you of your rights until they actually interrogate you. Questions like asking for your name, address, date of birth or social security number are considered routine and not as formal interrogation. So in actual you may be explained about your rights when you are taken to the police station after you have been arrested.
Your right to refuse a search
Depending on the law of a particular State you may have the right to refuse a physical search, you can refuse to a pat-down search by clearly stating and making the officer understand that you are not resisting but merely refusing the search. DO NOT physically resist search attempts because you may have a charge of assaulting an officer be added to your case. Do let your attorney know of your refusal so that the officer legal right to perform the search could be established / challenged.
Avoid making a statement that you may have to resent later
Assuming that your verbal statements before your rights have been read to you can be a mistake. Avoid answering to any questions or making any statements before you have talked with your attorney.
Ask for an attorney and hold on to your rights
Be polite, but firm when you request for an attorney and try staying put until the attorney arrives, as even after you have asked for an attorney anything you say can be used against you in the court of law.
Your constitutional right to an attorney
Asking for an attorney early on in the DUI process can help you make educated decisions and subsequently in avoiding complications later on. The U.S. Constitution guarantees your right to legal counsel, but the time at which you can exercise that right may vary from state to state.
So when you are faced with a DUI charge, remember that the police are not your friends. And that you do have legal rights do exercise them to your best advantage.
Author Bio
Richard Jacobs is a chief editor since early 2007, and he currently works for MyDUIattorney. A website that helps you to find the right DUI lawyer, you can search for a Florida DUI Attorney or for Phoenix DUI Lawyer  or for an Oakland DUI Attorney or for a San Francisco DUI Attorney on line.

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DUI DEFENSES THAT WORK!

One of the things that we do, as a DUI defense Attorney, is to make sure that we keep up on any and all changes in the law.  This is critical for defending DUI's as most of the laws that are created usually will work against our clients.  The changes include all new statutory changes but also any amendments to old laws.  It also includes the way the Courts interpret the changes in the old law and the impact of the new ones.  I write about this because recently the USSC (United States Supreme Court) issued two extremely well reason opinions that impact all criminal cases, including all traffic cases and DUI cases.  The first opinion was Washington v. Crawford, 541 U.S. 36 (2004), which strengthen and supported our previously made arguments that the admission of Hearsay evidence may sometimes run in conflict with the Sixth Amendment right of the accused to confront it's accusers (I will tell you at the end how this impacts DUI cases).  Next came Melendez-Diaz v. Massachusetts, 577 U.S. __, 129 S. Ct. 2527 (2009), where the Court closed off a gap that was left open in Crawford.  They clearly stated that certain business records can fall under the Crawford umbrella of protection and confrontation is the only solution.  Now, the California Court of Appeals has issued, for the first time in California, an opinion in support of both Crawford and Melendez-Diaz.  The case is People v. Benitez, 2010 DJ DAR 2788; DJ, 2/25/10; C/A 4th, Div. 3, which held that Business Records (hearsay) can sometimes fall under the Crawford Umbrella.

This last opinion is important because up to this point many of the Courts were looked for ways to get around the two USSC opinions - one way to do it was to claim that Business Records (hearsay) evidence was admissible despite the USSC holdings.  Now, Benitez, is controlling on all lower Courts in California.

So, what does this all have to do with DUI's?  Simple, in order to prove a DUI, the prosecution must rely on many Business Records to lay what we call a foundation.  So now, their burden just got harder.  With some exceptions, they must bring anyone who worked on the evidence against the Defendant. Gold in our business!

If you are looking for the best DUI Attorney in California you can call us here: (415) 378-4133

or, you can visit all of our websites at:

www.CaliforniaLegalDefense.com

www.DUIAttorneyinMarin.com

www.TrafficAttorneyinOakland.com

CHOOSING AN ATTORNEY FOR A DUI IN OAKLAND

If you have been arrested for a DUI in Oakland, California, and are in need of an Oakland DUI Attorney, we can help.  We have been Oakland DUI Attorneys for many years.  We know the Court, the Judges and most of the Prosecutors.  More importantly, we know how to get results on an Oakland DUI charge.

As always we encourage you to speak to other Attorneys, this will give you a good sense of who you will like to work with.  The reason we encourage it, is because we are confident that after speaking with us about your Oakland DUI case, you will know that you we are the right Attorneys for your case.

Feel free to call us for a free consultation and case evaluation, it's free! (415) 378-4133.  Call today or visit us at www.californialegaldefense.com

SAN FRANCISCO, MARIN, OAKLAND DUI CONSEQUENCES

It is important to know that if you have been arrested for a San Francisco DUI, A Marin DUI, or an Oakland DUI, there are hidden consequences that you should be aware of.  I have been a DUI Attorney-Lawyer for 13 years now and can tell you that things are getting worse for convicted DUI drivers.  Some of the latest talk that has been rumored are: The taking of your license for life if you have three or more DUI convictions; License plates identifying drivers convicted of prior DUI's; and interlocks having to be installed even if you are a first time offender.  This is just the latest discussions floating around, the point however is that things are getting worse, and will continue to get worse for convicted DUI drivers.

The reason I bring this to light is that everyone who has been arrested for a San Francisco DUI, Marin DUI, Oakland DUI, Hayward DUI, Vallejo DUI, or any DUI in California should really think hard about how to handle their case.  The ultimate recommendation is to fight like hell to avoid a conviction.  It is more important then ever, now that the consequences are getting more severe, but also in many cases there may be no reason why you shouldn't put up a fight!  And, if anyone asks why are you fighting, even on a losing case, you should respond by telling them "because the Constitution tells me I can!".

If you are looking for an experience attorney that will work hard on your, San Francisco DUI case, Oakland DUI case, Marin DUI case, Hayward DUI case, or Vallejo DUI case, then visit our website or call me at (415) 378-4133

SAN FRANCISCO, MARIN AND OAKLAND DUI CHECKPOINTS

It is important to know that many people are in fact hurt in alcohol related accidents.  The best defense to any San Francisco DUI case is simply to avoid one.  The holiday season will usually bring about many San  Francisco, Marin, Oakland DUI check points where police enforce and have a zero tolerance policy.  Another words, they will arrest as many drivers as they can.  These San Francisco and San Francisco Bay Area DUI check points are permitted by law, the main California case, Ingersoll v. Palmer, 743 P.2d 1299 ( Cal. 1987), sets out the requirements needed to set up a constitutionally valid DUI check point.  The restrictions set out in Ingersoll are there because otherwise the stop would constitute a illegal intrusion by the government in violation of the 4th Amendment to the United States Constitution.

Again, best defense is to simply take a cab.  However, if you have been arrested for a Marin DUI, San Francisco DUI or an Oakland DUI, at a check point, it is always wise to consult a qualified DUI Attorney that understands the ins and outs of a DUI check point.  There are many defenses available but you must know how to apply them.  Most Attorneys are not really very familiar with how these cases can be won at what is know as a 1538.5 hearing (motion to suppress).

If you have been arrested in a San Francisco DUI check point, a Marin DUI check point, an Oakland DUI check point or at a DUI check point anywhere in the San Francisco Bay Area, call us for a free consultation at (415) 378- 4133.

You can Also visit our official website at:

www.CaliforniaLegalDefense.com

RICHMOND, CA - DUI CASE

Our office just concluded a DUI trial in the city of Richmond were the Court granted a mistrial.  The reasons for the mistrial must remain confidential but the lessons learned can be shared.

The case involved a .18, .18 case.  Our client is absolutely positive that she was not under the influence and that she was fine to drive.  The important issue in the case was the accuracy of the breath machine.  Recently the California Supreme Court issued a ruling in People v McNeal stating that the defense can now raise partion ration in defending 23152(a) charge.  Partion ratio, in layman's terms is simply the way the breath machine converts breath alcohol to blood alcohol and the mathematical calculation made by the machine.  The truth is that the machine, all breath machines use the same calculation for a woman who is five foot tall and weighs 120 pounds, as it does for a man who is six feet tall and weighs 250.  This is so even dough, as agreed by all the experts, people do not absorb or expel alcohol the same way.  This is important because it can have a tremendous impact on the reading or results of the machine.  A person may test .18 but really be as low as .07.  Why is this important? Because the person is being wrongly accused and in fact may be innocent of being under the influence (23152(a)).

If you have been charged with a DUI in Richmond and are in need of an affordable DUI attorney make sure you do your homework and hire an attorney who knows the law as well as the science of a DUI case!