There are typically hundreds of people arrested in Pleasanton each year under suspicion of DUI. A DUI conviction may not only result in criminal and civil penalties but also cause an increase in insurance rates and permanent harm to your reputation. If you are charged with DUI, it is vital to retain an assertive Pleasanton DUI lawyer to develop effective arguments to help you protect your liberties. Attorney John W. Noonan has over five decades of experience litigating California criminal cases, and he will work to help you pursue the best legal result possible under the facts of your case.Obtaining a Police Report in Pleasanton
A key piece of evidence in any case in which a person is charged with DUI is the police report arising out of his or her arrest. Under Government Code Section 6254, the Pleasanton Police Department is restricted by law as to who can obtain a copy of a crime report. If the individual seeking the report was named as a suspect in the report or was arrested following the police investigation, he or she must contact the Alameda County District Attorney’s Office to obtain a copy of the report. Any other individuals who wish to obtain a copy of a police report must request a report from the Support Services Unit of the Pleasanton Police Department. The telephone number for the Pleasanton Police Department is (925) 931-5100, and the Department headquarters is located at 4833 Bernal Avenue, Pleasanton, CA, 94566. Police reports cost $1.00 per report, with an additional fee of $0.10 per page for reports over 10 pages.California DUI Laws
Under California law, there are multiple provisions under which a person can be charged with DUI. First, a person can be charged with DUI if he or she drove a vehicle with a 0.08% or more blood alcohol content. A person can also be charged with DUI if he or she drove a vehicle while under the influence of alcohol. A DUI attorney can defend Pleasanton residents against either type of charge. The statute does not specifically define what it means to be “under the influence,” but California courts have interpreted the phrase to mean that the person is impaired due to his or her consumption of alcohol to a point at which he or she lacks the mental and physical abilities needed to operate a vehicle safely. In other words, a person can be charged with DUI regardless of his or her blood alcohol level, if the investigating officer feels that the person has consumed too much alcohol to be able to drive in a prudent manner. In some cases, a person will be charged with DUI under both provisions of the statute.The State’s Burden of Proof in DUI Cases
In any case in which a person is charged with DUI, the State is required to prove each element of the crime alleged beyond a reasonable doubt. Thus, the State must establish that the defendant was driving the car while under the influence of alcohol. A person cannot be convicted for simply being in control of the car. Instead, the State must prove that the vehicle was actually moving. A Pleasanton DUI attorney may be able to attack this component of the case.
The State also must prove that the defendant was under the influence of alcohol, or that his or her blood alcohol level was 0.08% or more, at the time that he or she was driving the vehicle. To prove that a defendant was under the influence of alcohol, the State typically will introduce evidence of how the person was driving, as well as the person’s appearance and demeanor when he or she was interacting with the arresting officer. If the State alleges that the defendant had a blood alcohol level of 0.08% or higher, the State must prove that the chemical test was administered in an appropriate manner and that the results of the test are trustworthy.Meet with an Experienced DUI Defense Attorney
A DUI conviction can impair your liberties and cause you to incur substantial fines and increased insurance premiums. If you are charged with DUI, you should meet with an experienced DUI defense attorney to discuss the best manner to proceed in your case. John W. Noonan is a seasoned DUI lawyer based in the Pleasanton area who has the knowledge and experience to help you pursue a successful result. You can contact Mr. Noonan at 925-479-0033 or through the form online to set up a meeting regarding your charges.