Being charged with a DUI (Driving Under the Influence) can be a life-altering experience. The repercussions of a DUI conviction in California are severe, and they can include hefty fines, a suspended license, and even jail time. It’s imperative that anyone accused of a DUI understands their rights and the potential defenses that may be available to them. Let’s explore some of the top legal defenses used to fight DUI charges in California.
Challenging Breathalyzer Results
One of the most common tools law enforcement uses to measure blood alcohol content (BAC) is the breathalyzer. However, these machines are not infallible.
Calibration and Maintenance: Your attorney can question if the breathalyzer was properly calibrated and maintained, as required by law. If it wasn’t, the results might not be accurate.
Residual Alcohol: Sometimes, breathalyzers can pick up on residual alcohol in the mouth, which can falsely elevate BAC readings.
Medical Conditions: Some medical conditions, such as acid reflux, GERD, or diabetes, can also produce falsely high BAC results.
Accordingly, if your attorney can successfully challenge the accuracy of the breathalyzer test results, the case against you may be weakened or dismissed.
Questioning Probable Cause
In the United States, law enforcement officers need probable cause to make a traffic stop. If an officer stopped you without a legitimate reason, any evidence collected during the stop could be considered inadmissible.
Unlawful Stop: If the officer did not have a lawful reason to initiate a traffic stop, this can be a powerful defense. Without a legal justification for the stop, the DUI charge may not stand.
Subjective Observation: Police often cite “erratic driving” as the probable cause for a stop. However, this is subjective, and your attorney can argue that the officer’s perception was incorrect.
Disputing Field Sobriety Test Accuracy
Field sobriety tests (FSTs) are notorious for being unreliable. Several factors can affect FST results:
Improper Administration: If the officer did not administer the tests correctly or explain the instructions clearly, the results could be in question.
Physical Conditions: Physical impairments unrelated to alcohol consumption can affect an individual’s ability to perform these tests. Something as simple as being tired or having a pre-existing medical condition can impact the results.
Environmental Factors: The conditions under which the FSTs were conducted can also play a role. Uneven pavement, poor lighting, or weather conditions might all affect performance.
If the FSTs’ validity is successfully contested, the evidence might not be strong enough to lead to a conviction.
No BAC Test Administered
In some cases, no BAC test is given. This could be due to a refusal or due to circumstances where a test could not be administered. Without a BAC result, the prosecution may have a harder time proving that a driver was under the influence.
Inaccurate Police Reports
Sometimes, a defense can stem from inaccuracies or inconsistencies in the police reports. If your defense attorney can demonstrate discrepancies in the officer’s report, it may undermine the credibility of the prosecution’s case.
Rising Blood Alcohol
The “rising blood alcohol” defense hinges on the fact that it takes time for alcohol to be absorbed into the bloodstream. You may have been under the legal limit while driving and only reached or exceeded the limit by the time the BAC test was administered.
DUI Defense Attorney Caryn Warren Can Help!
Fighting a DUI charge in California requires a nuanced understanding of the law and a strategic defense. While the prospect of facing a DUI charge can be daunting, remember that there are numerous defenses that can be used to challenge the prosecution’s case. It’s crucial to seek the assistance of a qualified DUI defense attorney who can evaluate your case’s specifics and employ the appropriate defense strategy. With the right approach, it is possible to reduce the penalties or even have the charges dismissed entirely.
Personal Injury & Criminal Defense Services Available Throughout
Greater Sacramento, Yolo, Placer, and Solano Counties
Antelope, Arden-Arcade, Auburn, Benicia, Carmichael, Citrus Heights, Davis, Dixon, Elk Grove, Fairfield, Fair Oaks, Folsom, Galt, Gold River, Granite Bay, Iselton, Lincoln, Loomis, North Highlands, Orangevale, Rancho Cordova, Rio Linda, Rio Vista, Roseville, Rocklin, Sacramento, Suisun City, Vacaville, Vallejo, West Sacramento, Winters, Woodland