One of the resources on our website is a list of the Top 10 DUI Defenses. Far too often, when people get arrested for driving under the influence (DUI), they assume that either: (i) they must be guilty, or (ii) even if they are innocent, there is nothing they can do to avoid being found guilty at trial. If you have been arrested for DUI in California, it is critical that you not make these dangerous assumptions. As our list demonstrates, you may have several defenses available, and with the help of an experienced defense attorney you may be able to avoid having a DUI on your criminal record.
This article provides more information on the top 10 defenses to a California DUI. To find out which defenses you may be able to use in your case, contact us for a free consultation today.
What Are Some of the Best Defenses to a California DUI?
Whether this is your first DUI or you are being charged as a repeat offender, here are 10 potential defenses to your California DUI:
- You Were Simply Driving Poorly. Whether you had a momentary lapse in concentration or you over-corrected in response to a hazard on the road, the list of issues that can lead a driver to swerve suddenly or drift out of his or her lane besides drunkenness is virtually endless.
- Your “Objective Symptoms” Were Not Objective. The prosecutor may try to prove that you were driving under the influence by pointing to “objective symptoms,” such as red eyes, slurred speech, or lack of balance. But, there are many, many issues besides being drunk that can cause these symptoms as well.
- Your Field Sobriety Test (FST) Results Are Unreliable. There are only a few FSTs that have been scientifically proven to work, and even these are not 100% reliable. In addition, the police officer who arrests you must know how to administer the approved FSTs properly. Use of unreliable tests or faulty FST administration can both be strong defenses to a DUI.
- Your Blood or Breath Test Results Are Unreliable. There are a number of issues that can cause blood and breath test results to be unreliable. These include issues like uncalibrated testing equipment, improper test administration, and tainting of samples.
- Your Blood Alcohol Concentration (BAC) Was Rising. If you were drinking shortly before your arrest, it is entirely possible that your BAC only rose above the legal limit after the police pulled you over.
- Your “Mouth Alcohol” Caused a Falsely-Inflated BAC Reading. Likewise, a recent drink can leave alcohol residue in your mouth (commonly referred to as “mouth alcohol”), and this too can lead to a falsely-inflated BAC.
- You Have a Medical Condition that Caused a Falsely-Inflated BAC Reading. If you have certain medical conditions, such as gastroesophageal reflux disease (GERD), acid reflux or heartburn, these can all explain a high BAC. Many prescription medications can falsely inflate BAC readings as well.
- You Were Unlawfully Stopped or Arrested. The police cannot just pull anyone over for any reason. If your arrest was unlawful, you may be able to defeat your DUI even if you driving above the legal limit.
- The Police Failed to Follow Proper Procedures. Procedural issues during or after your DUI arrest can present defenses as well. For example, if the police failed to maintain an appropriate “chain of custody” with your blood sample, you may be able to have this key evidence thrown out at trial.
- The Police Violated Your Constitutional Rights. Finally, the U.S. Constitution provides all Americans with important protections. If the police violated your Constitutional rights – for example, by arresting you without probable cause or by interrogating you without reading your Miranda rights – you may be entitled to have your DUI charges dismissed.
Arrested for DUI in California? Schedule a Free Defense Consultation Now
Of course, each case is unique, and determining the defenses that you have available requires a thorough case evaluation from an experienced attorney. For more information about protecting your rights after a DUI arrest in California, call (888) 704-3696 or contact attorney Lance Daniel online to schedule a free consultation today.