When a person has been stopped and arrested for a DUI, it different from having been convicted of a DUI. An arrest shows that a person has be strongly suspected of driving under the influence of alcohol or drugs, and there is enough evidence to demonstrate that they may be found guilty.
However, a person cannot be found guilty until it has been proven that there is enough evidence to prove beyond a reasonable doubt that the driver was under the influence. A person may still be arrested but not convicted. You can be arrested and then found to be innocent, or not enough evidence to prove guilt in Court. In that situation, the case will likely be dismissed or the person will be charged with a lower charge.
A person’s arrest record will be different from a person’s criminal record. An arrest will remain on your arrest record, but if you are not convicted, it will not go on your permanent criminal record. A criminal record is what future employers and financial institutions will consider. Therefore, it is best to have any charges filed against you to end with just an arrest and charges being dismissed in Court.
There are many ways to give yourself the best possible chances of having your case dismissed. Prosecutor’s will attempt to prove their case, and the guilt of a person through the use of officer reports, witness testimony and other statements made by the drivers themselves. It is the job of an experienced San Diego DUI attorney to weaken any evidence the government has presented. By doing so, the case will not meet the crucial evidentiary standard of beyond a reasonable doubt. As discussed before, if a case does not meet the burden of proof, the case must be dismissed.
There are also manysdefenses available in a DUI case. For example, the officer must have probable cause to pull a person over in the first place. If that probable cause does not exist, the officers evidence gathered must be thrown out. Similarly, if officers have no reasonable suspicion that a driver is intoxicated, they cannot ask them to submit to a blood alcohol test.
If you feel that the facts of yourscase demonstrate that officers did not have a right to stop you while you were driving, and further did not have any suspicion to ask you to submit to field sobriety tests, it is a good idea to speak to a DUI expert. An attorney who has handled thousands of cases knows precisely how to present an argument and defense so that Prosecutor’s cannot prove their case to the requisite level.