July 8, 2011 By Matthew Wallin

Can I fight a Riverside DUI charge if I passed the field tests but was over .08% alcohol level?

YES. You absolutely can fight and successfully defend against a Riverside DUI allegations even if your blood alcohol content was over the legal limit in California (.08%). The fact that you passed or performed well on the field tests given at the scene is extremely important and relevant in your defense. Your DUI defense attorney will able to use your ability to pass the field sobriety tests at your DMV hearing to save your license and in court when speaking with the prosecutor and presiding judge.

Field Sobriety Tests are often a critical part of the evidence in a DUI case, both at the DMV and in criminal court.  Field sobriety tests are not easy for everyone. In fact, these tests are extremely difficult regardless of one’s blood alcohol content (BAC). Fatigue, lack of coordination and stress are just of few of the many reasons to explain why someone may not perform well. Most field sobriety tests have numerous requirements. Despite the complexity of many of the instructions, the tests are often explained and demonstrated only once, and in as little as ten to fifteen seconds. The suspect is then expected to have an instant retention of the instructions.

Your defense attorney will be able to emphasize your excellent performance on the most difficult tests. This can be used to support the argument that any alcohol you had in your system did NOT impair your physical ability to perform these difficult and complicated coordination tests.

It is important to under stand that your .08% alcohol level is not the only factor in the fight against a DUI conviction. Numerous other critical factors, including your performance on the field sobriety tests, must be considered and argued by an aggressive DUI defense attorney.

Above are only a few of the numerous arguments an experienced Wallin & Klarich DUI defense attorney can make in court and at your DMV Hearing to save your privilege to drive.  If you or a loved one have been accused or charged with DUI in Orange County, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling this type of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin & Klarich today at, (877) 4-NO-JAIL or (877) 466-5245 to speak to an experienced criminal defense attorney about your case.

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