In California, DUI charges can result in serious penalties, such as jail time, hefty fines, a suspended license, and more. Thankfully, with an experienced DUI defense attorney on your side, you might be able to get your charges reduced or even dismissed. Our Orange County DUI defense attorneys explain the top legal defenses for DUI in California. However, the defense that an attorney applies to your case should solely be based on your unique situation.
If you face DUI charges, contact our Orange County DUI defense attorneys today at (949) 537-2202 to schedule a case review!
Defenses for DUI Charges in California
Whether you were or weren’t driving under the influence of drugs or alcohol, an experienced attorney can create a strong defense on your behalf to get your charges reduced or even dismissed. Below we have put together common defenses used for DUI charges in California.
- Field Sobriety Test Was Inaccurate: When a person is stopped for a DUI, a California police officer will typically perform a field sobriety test to determine if the driver is showing signs of intoxication. However, field sobriety tests don’t have a high level of accuracy. If a field sobriety test leads to your DUI arrest, an experienced attorney can challenge the results for your defense strategy. Failing the field sobriety test can often be contributed by nerves, fatigue, weight, poor balance, and more.
- “Mouth Alcohol” Lead to False High BAC Results: Breath tests are another common tool that police officers use to identify a DUI. They are meant to test the air in your lungs, but the presence of alcohol or other substances in your mouth can affect test results. If a driver burped, vomited, used mouth wash, or had dental work, it could affect breath test results.
- Your BAC was “On the Rise”: When you drink, your BAC rises until it reaches its maximum level. It takes an average of 45 to 90 minutes for BAC to reach peak levels, but for some people, it can take up to three hours. If you had rising blood alcohol when you were pulled over, it is possible that your breath or chemical test won’t be a correct representation of your intoxication level when you were driving.
- The Police Officer Didn’t Conduct the Breath Test Properly: Police officers need to be qualified and experienced to perform a breath test. If they fail to clean and administer the test correctly, it could result in inaccurate test results.
- Police Officer Didn’t Conduct Proper 15-Minute Observation Period: California police officers are required to observe a driver for 15 minutes before they administer a breathalyzer test. The police officer needs to make sure that the driver doesn’t eat, drink, smoke, vomit, during those 15 minutes, or it could affect the outcome of the breath test.
- Another Factor Influenced BAC Test: There are cases when a BAC test can be influenced by a factor other than alcohol. In some cases, it can be a person’s health, medication, or previous consumption. An attorney can analyze your case to determine if there was another contribution to your test results.
- Police Officer Didn’t Have Probable Cause: A police officer needs to have probable cause when making a stop. Common types of probable cause include swerving and not following traffic laws. If a police officer didn’t have probable cause to stop you, it could help build a strong defense.
Call Our Orange County DUI Defense Lawyers: (949) 537-2202
If you are facing DUI charges, you need an experienced attorney on your side to help you build a strong defense. Our Orange County DUI defense lawyers have years of experience helping people throughout Southern California facing DUI charges. Our team has the skills, experience, and knowledge needed to help you get your charges reduced or even dismissed. Attorney Virginia Landry is one of only five attorneys in California to hold this distinction.
Contact our Orange County DUI defense attorneys today at (949) 537-2202 to schedule a consultation!