Driving under the influence is the most common offense in our society. It can be charged as either a misdemeanor or felony DUI, depending upon your record or whether there were serious injuries.

If you are arrested for a DUI, you have the right to refuse to do the field sobriety tests and the portable breath test that the police want you to take in their field investigation. However, California law requires that you take a blood or breath test after you are arrested and brought down to the police station.

It is always better to take a blood test, because the breath specimens are never preserved while blood specimens are preserved and can be later retested for a number of purposes.

• Was an arrest made that violated your 4th amendment rights against unreasonable search and seizure?
• Did the police explain your right to be silent before you were questioned?
• Was there a proper chain of custody for any evidence seized?

Refusal to perform field sobriety tests is in your best interests, because most police officers look for every possible imperfection and then write an arrest report grossly exaggerating any imperfection they may have observed.

If you are charged with a misdemeanor or felony DUI, you will need the best representation possible. Your lawyer should have considerable experience in trying DUI cases in front of a jury. This will ensure that your attorney knows how to distinguish between a good close case that you can win at trial and a marginal case that you will most likely lose.

Your lawyer needs to understand how to attack breath test results, how to use special experts to attack test results, how to use eyewitnesses to support your defense and how to cross-examine the arresting officer and the prosecution experts at trial.

Finally, your lawyer should have a lot of knowledge about DMV (Department of Motor Vehicle) hearings. California law requires the DMV to suspend your license if your blood alcohol result is 0.08% or above and the police had reasonable cause to stop and arrest you.

Therefore, it is extremely important that you consult an experienced attorney after your arrest, so that immediate steps can be taken to preserve your right to a DMV hearing and to prepare a defense against DUI charges.

Your freedom and record are too important to entrust to an inexperienced attorney. With over 20 years of experience, devoted exclusively to the practice of criminal law; I (Stephen Brodsky, Attorney at Law) have successfully defended hundreds of people with their Drunk Driving charges.

IF YOU HAVE BEEN CHARGED WITH A DUI, CONTACT MY OFFICE TODAY FOR A FREE CONSULTATION ON HOW TO PREPARE A SUCCESSFUL DEFENSE.