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What to Do if Facing a Felony or Misdemeanor DUI Charge and Involved in an Accident

Written by: George Fredrick Mueller

Reputation Level 14

Posted over 2 years ago. Applies to California, 1 helpful vote, 0 comments

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Felony or Misdemeanor, the Need to Retain a Qualified California DUI lawyer

Even a low BAC in a serious DUI accident with death or injury could get you in big trouble. You require a professional approach to draw them out properly so that you don’t lose every step of the way - an approach like that of a California DUI attorney. California DUI police sometimes do not follow rules or procedures. A California DUI attorney can see to it that you are protected yet proper steps are taken to ensure the victim situation is handled properly. Be careful as California DUI attorneys just cannot make mistakes which could affect your freedom and license. In California, a BAC – blood alcohol content – of any amount may be a big problem, particularly if an accident. Your California DUI attorney might be able to cut you a deal so you can avoid prison and/or a felony and many harsh penalties. Excellent questions to ask when searching for a California DUI lawyer: What are his or her California DUI attorney's qualifications? Is he or she a Specialist?

Since the police did not see you driving at the time of the accident, you may have some defenses.

Ask yourself: 1) Did California police officer actually observe the person driving the vehicle? 2) Does the officer have first-hand knowledge of the person driving? 3) Was the vehicle lawfully parked when the officer arrived on the scene? 4) Is there a reliable witness who can actually identify the person as the driver? 5) Could there have been another person driving? 6) Can competent witnesses establish the vehicle moved within 3 hours of the chemical test? 7) Is corpus delicti for a DUI offense (actual driver + driving of vehicle, etc.) established? 8) Was the warrantless DUI arrest lawful? California Vehicle Code section 23152 (DUI) requirement "to drive a vehicle" means there must be evidence of "volitional movement" of a vehicle. A misdemeanor arrest without a warrant is permissible only if a public offense occurs in the arresting officer's presence. Because the officer who arrested the driver did not see the vehicle move, the driver was not lawfully arrested (Mercer).