How to Beat a California DUI

As a DUI defense firm, one of the questions we are asked frequently is, “Will I be able to beat my DUI?” In many cases, the answer is "yes." While we cannot guarantee the outcome of any case, there are proven methods that we use to defend our clients against their drunk driving charges – and win.

One approach our firm can take is to contest the lawfulness of the traffic stop. In order to pull you over, the officer must have reasonable suspicion to believe you are driving while intoxicated, or you must have violated some other traffic law such as the speed limit.

If the traffic stop was not lawful, none of the evidence obtained after that point can be considered. In this case, DUIs are usually dismissed or reduced to a minor traffic offense. Now, let’s take a look at the other waysa DUI case can be challenged in court.

1. CONTESTING THE DUI CHECKPOINT

Like traffic stops, DUI checkpoints can also be contested. If you were detained at an Orange County sobriety checkpoint, our firm can investigate the lawfulness of that checkpoint. Were law enforcement officers following procedure? Was the checkpoint signed off by the Sheriff? Was there a supervising officer on-duty for the duration of the checkpoint? These are all things we can look into. If the DUI checkpoint wasn't lawful, neither was your arrest.

2. CONTESTING THE ARRESTING OFFICER'S PROCEDURES

Law enforcement must follow standard procedure for how to conduct themselves at a traffic stop, especially stops that involve potential drunk drivers. The National Highway Traffic Safety Administration (NHTSA) wrote the field sobriety test manual that law enforcement officers nationwide must use.

If officers deviate from this standard procedure, the results of any DUI tests you take could be thrown out. The same principle applies for chemical tests you took after law enforcement placed you under arrest.

3. CONTESTING THE CHEMICAL TEST

Chemical tests evaluate the ratio of alcohol to blood in a person's body to arrive at a BAC (short for blood alcohol concentration). This is the primary form of evidence DUI convictions are based on. Although chemical tests (breath, blood and urine tests) are widely viewed as objective and undeniable, they can be wrong.

Our DUI attorneys are certified to operate chemical tests, so we are uniquely equipped with the knowledge you need to fight inaccurate results. Any evidence that proves to be questionable, inaccurate, or unlawfully obtained must be thrown out. There are strict guidelines for chemical testing procedures and chemical testing machines.

Related: Do I Have to Give a DNA Sample in a DUI Case?

CONTACT AN ORANGE COUNTY DUI LAWYER

If you want to beat your DUI charges, you're going to need a good lawyer. Contact the Law Offices of Virginia L. Landry, Inc. for a free case evaluation. We're here to help you beat your drunk driving charges!

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