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Top 10 DUI Defenses

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Best Defenses Against DUI Allegations

I know that it is the prosecution’s job to prove your guilt beyond a reasonable doubt. Because the prosecution has the burden of proving guilt, I can analyze the entirety of a case as it is: your side of the story, all pieces of evidence, and any key details that compromise the validity of the prosecution or law enforcement officer’s claims. Effective defenses can include the following:

  • Blood Alcohol Content (BAC) at the Time of Driving, or “Retrograde Extrapolation”– This defense forces the prosecution to try to prove your BAC at the time that you were driving. Your breath or blood test result reading an hour or two later may not be what establishes a DUI conviction. Because BAC can be influenced by food, water, body metabolism, or how much you drank, the state may have a very difficult time trying to actually prove that your BAC was an illegal amount.
  • Non-Compliance with the California Department of Law Enforcement (CDLE) Standards– The CDLE requires that officers must follow strict procedures before and after administering any chemical test. Failure to adhere to standards could result in a motion to suppress evidence based on non-compliance with regulations.
  • The Confusion Doctrine– If an officer mixes up the order in which the Miranda rights and implied consent warnings are read to an arrestee, you may win a motion to suppress the evidence of a chemical test or any refusal to submit to the chemical test.
  • Miranda Rights– Officers must read Miranda warnings, or your constitutional rights to remain silent and not self-incriminate, in every DUI arrest. If an officer fails to honor your right to silence, you could have grounds to challenge your statements’ admissibility. However, this warning is only required once under arrest, pre-arrest questions do not require the Miranda warning.
  • Implied Consent Warnings– As a California driver, you are bound by implied consent laws to submit to a chemical test when asked to do so by an officer. In cases in which an officer does not have probable cause to ask for a chemical test, the evidence gathered against you can be inadmissible in court.
  • Violation of the 15-Minute Observation Period– CDLE standards require an officer to observe you for 20 minutes prior to administering a breath test and be reasonably certain that you didn’t regurgitate. If an officer fails to honor this period, test evidence may be suppressed in court. (not sure about this one)
  • Actual Physical Control– Many times, the prosecution and key witnesses cannot even prove that you were in control of a vehicle during a DUI accident.
  • Motion to Suppress Blood Test Results– California law prohibits officers from taking blood unless there has been a serious injury, death, or probable cause to believe you were operating a vehicle under the influence. If reasonable cause cannot be proven, evidence against you can be suppressed in court.
  • Illegal Stop– Officers must have reasonable suspicion to stop your vehicle. Failure to show reasonable cause could result in any evidence gathered from an unlawful stop being dismissed.
  • Satisfactory FSTs– Many of us are unfamiliar with the FSTs that are offered to us roadside by an officer. Most of the time, these FSTs are conducted late at night, in the cold, in an unfamiliar spot, and with the idea that if we “fail” we will be arrested. Doing well on these test, meaning not providing the necessary “clues” an officer is looking for, may assist your defense that you were not impaired or above the legal limit.

DUI Evidence Can Be Challenged

DUI cases are among the toughest areas of law because they require knowledge of science and law and demand an understanding of how the two areas affect one another. Just because a breath test determined that your BAC was above the legal limit does not mean that you will be convicted of a DUI offense. It is the job of the prosecutor to prove your guilt beyond a reasonable doubt, but with the help of an experienced DUI defense attorney, your legal representative can effectively challenge the validity and admissibility of any evidence brought against you.

As a Criminal Defense DUI lawyer, I can take a creative approach to help you achieve the best possible resolution after a DUI arrest

I personally handle each case that comes through my doors and create an effective strategy by analyzing all of the facts surrounding a case, assessing any possible weaknesses and strengths, and explaining all legal options to my clients. It is this forward-thinking approach that enables me to achieve positive results and keeps clients satisfied! If you are ready to fight your DUI allegations, do not hesitate a moment longer. Contact my firm today for your free consultation (877) 977-7750.

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