SAN JOSE DUI LAWYER SAN JOSE DUI ATTORNEY SANTA CLARA COUNTY DUI LAWYERS SANTA CLARA COUNTY DUI ATTORNEYS -- MICHAEL REHM -- (408) 489-2007

FOR IMMEDIATE RELEASE
San Jose, California, United States of America (Free-Press-Release.com) February 6, 2011 -- San Jose DUI Lawyer -- Santa Clara County DUI Attorney -- Michael Rehm

http://www.santaclaracountyduiattorney.net

(408) 489-2007

In California, a first offense driving under the influence conviction (commonly referred to as a DUI), can come with a penalty of up to six months in jail and/or a $1000.00 fine. Subsequent convictions come with increased penalties, reaching potential prison time. If the prosecution can show that the individual accused was driving under the influence of alcohol and/or drugs, stiff penalties and consequences will result.


Over the last twenty years the laws related to DUI's have been drastically changed to make the charge more difficult to defend and a conviction easier to obtain. San Jose DUI Lawyer Michael Rehm is the attorney to hire when up against this wall.

There are many potential defenses when confronting a DUI charge. The first issue every DUI Lawyer should look at when analyzing a DUI charge is why was the vehicle pulled over? If there is a suspect reason associated with the stop, then it should always be challenged. If it can be shown that the vehicle was stopped without the requisite legal justification, the case can be dismissed in its entirety. The 4th Amendment protects against unreasonable search and seizure, and if the officer stopped your vehicle for no reason or for a reason that is false, then that fact needs to be brought to the court’s attention.

Even if there is a valid reason for stopping your vehicle, the matter is far from done.




Did the officer read you your Miranda rights?




Did the officer explain the field sobriety tests correctly?

Did the officer properly administer any breathalyzer given on the side of the road?

Is the officer trained to administer the breathalyzer?

Was your blood alcohol level rising—had the alcohol actually absorbed into your bloodstream when you were driving, or had it absorbed into your bloodstream only after taken to the police station (which generally takes 45 minutes to an hour) to be given the breath, blood or urine test?



Did the officer’s inform you that you had the right to take either the blood or the breath?




This represents only a fraction of the issues associated with any DUI case. The prosecution has the burden of proof, and when facing a competent attorney, it is still a great burden to overcome.


Santa Clara County DUI Lawyer

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More information can be found online at http://www.santaclaracountyduiattorney.net/

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