After someone is arrested for DUI, the person must form a drunk driving defense with the help of a criminal defense attorney. In the prosecution of a DUI (Driving Under the Influence) offense in California, proving the act of driving while under the influence is a key element to the case. If the state prosecutor cannot prove beyond a reasonable doubt in the criminal case that you were driving, then you may be entitled to a dismissal or acquittal.
Driving is also a key element in the DMV’s (Department of Motor Vehicles) efforts to suspend or revoke your privilege to drive a vehicle. However, while in a criminal case the offense must be proved “beyond a reasonable doubt,” at the DMV hearing your California driver’s license suspension is only based on “a preponderance of the evidence.” In other words, while the prosecutor must prove beyond a reasonable doubt that you were driving under the influence in your criminal case, the DMV only has to show that you were more likely that not to have driven under the influence. Because of this, it is critical to have a strong criminal defense and a knowledgeable DUI lawyer by your side.
It is important to consult with an experienced Southern California DUI defense attorney when facing allegations of driving under the influence of alcohol or driving under the influence of drugs. Complicated legal and evidentiary standards apply, so make sure your rights are protected. Contact Wallin & Klarich today to learn more about how we can help. Call 888-280-6839 or visit www.wklaw.com and www.wklawdui.com for more information. We will be there when you call.
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