Why Fight My Case?

Drivers facing a California DUI / DWI charge often ask this question. Faced with the evidence against them - field sobriety tests, chemical tests, and testimony by the arresting officer - many believe that a conviction is unavoidable. However, there are several excellent reasons to fight a drunk driving charge.

This is the best reason of all to aggressively fight a driving under the influence charge - drivers who plead guilty to DUI / DWI have a 100 percent chance of being convicted. However, drivers who contest the charges with an experienced drunk driving attorney at their side have a good chance of minimizing or even eliminating the consequences of a California drunk driving arrest.

Drivers facing a California DUI / DWI charge are entitled to a jury trial, and are presumed innocent of the charges unless proven guilty. This means that if the prosecutor can't convince a jury or judge of a defendant's guilt beyond a reasonable doubt, the accused motorist cannot be convicted of drunk driving.

Every jury trial ends in one of three ways - all 12 jurors agree on the defendant's guilt; all agree on the defendant's innocence, or the jurors are unable to reach a unanimous verdict. If the jurors are unable to reach a unanimous verdict, the trial ends in a hung jury. That's an excellent outcome for the defendant in a driving under the influence case, because the prosecutor probably won't refile the charges.

Therefore, in order to win a DUI / DWI case, just one juror must be convinced that the driver is not guilty. Just one. Although facing a jury can be a nerve-wracking prospect, the alternative is to plead guilty and look for mercy from a court system that has no mercy.

Here's another excellent reason to aggressively fight the charges - each subsequent DUI / DWI conviction carries progressively harsher penalties, so it's critical to avoid having a prior drinking and driving record. Everyone arrested on a first-time drunk driving charge swears that it will never happen again. And everyone charged with a second-offense driving under the influence charge who pleaded guilty to the first offense regrets not having fought the first one.

California has a "washout" or "lookback" period of 10 years for drinking and driving convictions, meaning that if the driver is arrested for a second DUI / DWI within the 10 years, the later case will be charged as a second offense. If a second arrest occurs beyond the lookback period, the second arrest is simply another first-time driving under the influence charge.

The likelihood of being on probation for three to five years is another reason not to plead guilty to a driving while intoxicated charge. Probation in drunk driving cases carries strict conditions, including attendance at DUI classes. In addition, motorists on probation for DUI / DWI typically cannot drive with any measurable blood alcohol content (BAC).

This condition presents obvious problems if the driver is arrested for DUI / DWI for a second time while still on probation for the first offense. Drivers accused of violating the terms of their probation face a judge, not a jury. And the judge must be convinced only by a preponderance of the evidence, not beyond a reasonable doubt, that the driver violated the terms of probation. A driver found to have violated the terms of probation will face harsh consequences.

Here is one final reason why it's important to fight a DUI / DWI charge - we have the absolute constitutional right to do so. Why surrender before the battle even begins? The skilled attorneys at the Kavinoky Law Firm will fight hard to protect an accused driver's rights and freedom. The stakes are extremely high in a drunk driving case, so it's critical to have a defense lawyer who will fight to minimize or even eliminate the repercussions of a drinking and driving arrest.