Driving Under the Influence for Beginners & Common Defenses that Attorneys Focus On

Person Driving while Drunk

Driving under the influence (DUI) is a serious offense in California that can lead to severe consequences such as fines, jail time, license suspension, and a criminal record. However, if you are facing DUI charges, you may be able to defend yourself and potentially reduce or dismiss the charges. In this blog entry, we will explore some of the common DUI defenses in California.

  1. Challenging the traffic stop The police must have a legal reason to pull you over. If they did not have probable cause or reasonable suspicion to stop your vehicle, any evidence they collected, including field sobriety tests and chemical tests, may be inadmissible in court.

  2. Questioning the field sobriety tests Field sobriety tests, such as the walk-and-turn and one-leg-stand tests, are subjective and can be influenced by factors other than alcohol consumption, such as medical conditions and weather conditions. Your attorney may be able to challenge the accuracy of the test results.

  3. Disputing the chemical test results Chemical tests, such as breathalyzer and blood tests, can also be challenged in court. The machines used to administer the tests must be properly calibrated and maintained. In addition, the tests must be conducted within a certain time frame after the alleged DUI offense. Your attorney may be able to argue that the test results are inaccurate or unreliable.

  4. Medical conditions Certain medical conditions, such as acid reflux, can cause false positives on breathalyzer tests. If you have a medical condition that may have affected the test results, your attorney may be able to use this as a defense.

  5. Rising blood alcohol content Your blood alcohol content (BAC) level may have been below the legal limit when you were driving, but it increased after you were stopped by the police. This is known as rising BAC, and it can be a valid defense if you can prove that your BAC was below the legal limit while you were driving.

  6. Involuntary intoxication If you were forced to consume alcohol or were unknowingly given a substance that caused intoxication, you may be able to argue that you were involuntarily intoxicated and should not be held responsible for your actions.

It's essential to remember that every DUI case is unique, and the defenses that may apply to your case will depend on the specific circumstances. If you are facing DUI charges in California, it's crucial to consult with an experienced DUI defense attorney who can help you understand your legal options and defend your rights in court.

If you have questions about the issues raised above, please contact us at: 1-833-666-5245 or check out our DUI Pages.

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