Getting a DUI is a serious offense that can result in severe penalties. If you are facing DUI charges in California, it is important to understand your options and develop a defense strategy. In this article, we will discuss each of the top 10 defenses and how they can help you. Contact an experienced DUI lawyer to get started on your defense today.
What Strategies Can You Use to Defend Against DUI Penalties in California?
If you are facing DUI charges in California, it is important to know that many defenses can be used to fight the charges and avoid the penalties. Here are ten of the most common and effective defense strategies:
1. Driving badly does not mean you'll automatically be charged with DUI.
Bad driving does not necessarily mean that you will be charged with DUI. For the prosecutor to charge you with DUI, they must be able to prove that you were impaired while driving. This is where an experienced DUI attorney can come in handy by attacking the evidence and creating reasonable doubt.
2. The field sobriety tests (FSTs) aren't accurate in measuring impairment.
FSTs are designed to give police officers an idea of whether a driver is impaired. However, they aren't always accurate. Factors like weather, lighting and even the officer's instructions can affect the results of the tests. If you're facing DUI charges, it's important to know that you have options. An experienced DUI attorney can help you build a strong defense and ensure that your rights are protected.
3. Your BAC was under 0.08%.
If you were arrested for a DUI but your BAC was below 0.08%, you may be able to argue that you were not intoxicated. This is especially true if you have no prior DUI convictions. Your attorney will need to look at the circumstances surrounding your arrest to see if this is a viable defense strategy.
4. The officer failed to properly conduct a 15-minute observation period.
If the arresting officer does not conduct a proper 15-minute observation period, your attorney can argue that the police did not have probable cause to believe you were DUI. For a 15-minutes, the officer must watch you closely for any signs of impairment. If the officer does not observe you for the full 15 minutes, or if they do not document their observations, your attorney can use this to challenge the validity of the arrest.
5. Because you were mentally alert, you weren't DUI.
Mental alertness is one of the key things the prosecution looks at to determine if someone is DUI. The prosecution will have to show that your mental faculties were so impaired by drugs or alcohol that you couldn't operate a vehicle safely. If they can't, then you have a strong defense. To learn more about this defense strategy and others, contact a DUI attorney in California. An experienced attorney can help you build the strongest possible defense and get the best possible outcome in your case.
6. The arresting officer failed to adhere to the right protocol.
If the arresting officer did not adhere to proper protocol during your arrest, this could be grounds for having your charges dropped. Your attorney will be able to investigate whether or not the arresting officer followed the procedure.
7. Unconstitutional checkpoint.
The officer may not stop your vehicle or arrest you for failing to stop at a DUI checkpoint. However, if he witnessed obvious signs of intoxication during this process then it would be an exception and could lead him to pursue charges accordingly.
8. Different explanations for objective symptoms of intoxication.
There are many possible explanations for the objective symptoms of intoxication other than alcohol consumption. For example, if the arresting officer observes that the driver has bloodshot eyes, the defense can point to some other causes such as fatigue, allergies, or contact lenses. Similarly, an argument can be made that slurred speech is not necessarily indicative of intoxication but could be caused by some other factors such as cold, dental problems, or even nervousness.
9. Falsely increased your BAC due to hypoglycemia, diabetes, or a high-protein diet.
If you have diabetes or a high-protein diet, your body may metabolize alcohol differently. This can result in a falsely increased BAC reading. If you can show that you have one of these conditions, it may help to reduce your penalties. Additionally, if you suffer from hypoglycemia (low blood sugar), this can also affect how your body metabolizes alcohol. As a result, you may have a higher BAC than someone who doesn't suffer from this condition. If you can prove that your BAC was affected by hypoglycemia, it may help to reduce your penalties.
10. You were not driving a vehicle.
This may seem like an obvious one, but if you were not driving a vehicle, you cannot be convicted of DUI. To be convicted of DUI in California, the prosecution must prove that you were driving a vehicle. This means that you must have been in physical control of the vehicle. If you were not in physical control of the vehicle, then you cannot be convicted of DUI.
If you're facing DUI penalties in California, don't despair. Many defense strategies can be used to help reduce or dismiss your charges, we've provided ten in this article. If you need help, our team of experienced attorneys is here to guide you through the process and give you the best chance at a favorable outcome. Don't hesitate to call us today.
Do You Need a DUI Lawyer You Can Trust?
With Lynn Gorelick, you don't have to face criminal charges alone. You will receive personal attention to your case. Ms. Gorelick will be the one to appear in court with you from beginning to end. Ms. Gorelick, herself, will be doing your DMV hearings. You will not be handed off to another attorney or associate. You deserve this kind of attention to your needs at this stressful time. Ms. Gorelick has represented people charged with DUI for over 38 years. She has NEVER been a prosecutor who pursues convictions. She has only DEFENDED people accused of crimes. Contact us today for your consultation!
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