In the United States, criminal defendants are presumed to be “innocent beyond a reasonable doubt,” but unfortunately, DUI suspects are (mistakenly) in the habit of assuming they are automatically guilty whenever they are arrested for driving under the influence – what a tragedy!
At the Law Offices of Virginia L. Landry, Inc., we’ve seen drivers plead guilty to DUI charges because they felt that the evidence against them was unbeatable. We can honestly say that this is rarely the case; there is always hope.
Most people do not understand DUI cases, let alone criminal defense, and they do not realize that they can be wrongfully accused of DUI. It is our job as DUI defense attorneys to go through the evidence with a fine tooth comb and see how we can help the DUI defendant beat their DUI charge.
We have good reason to be so confident about defending DUI charges; two of these reasons being our lead attorney, Virginia L. Landry is a Board Certified expert in DUI defense and she is a proud member and frequent lecturer for the National College for DUI Defense – it doesn’t get much better than that!
Ways to Challenge DUI Evidence
What can go wrong in a DUI case? Dozens of things can go wrong on the prosecutor’s side, you just need to know exactly where to look and what to look for. Here are some common challenges to DUI evidence:
- Police misconduct (happens more than you might think),
- Unlawful police stop,
- The defendant’s physical condition, such as GERD or diabetes, which can lead to inaccurate BAC rest results,
- An Atkins (high protein) type diet, which can result in a falsely high BAC,
- The “rising blood alcohol” defense, which means the driver’s BAC was higher when they took the chemical test than when they were driving,
- Improper testing, handling or storage of blood test,
- An improperly calibrated breathalyzer machine,
- Distracted driving was the reason for erratic driving behavior,
- The defendant was not actually driving,
- Illegal DUI checkpoint,
- The arresting officer lied under oath,
- And much more!
If you, or someone you love are facing DUI charges in Orange County, California, you should not hesitate to contact our office for a free case evaluation. Just like any other type of criminal case, there are many different defenses that can lead to a reduction or dismissal of charges. All you have to do is pick up the phone and contact us to explore these possibilities.
To speak with one of OC’s top DUI defense lawyers, contact our firm today – we look forward to helping you fight your charges!