Top DUI Defense Lawyers in Southern California

Understanding DUI Charges in Southern California

Navigating DUI charges in Southern California can be daunting. Understanding the key elements involved can help you feel more prepared.

DUI Laws

Southern California DUI laws are strict. Driving with a Blood Alcohol Concentration (BAC) of 0.08% or higher is illegal. For drivers under 21, the limit is even lower at 0.01%. Commercial drivers face a limit of 0.04%.

California Vehicle Code Sections 23152(a) and (b) outline DUI offenses. Section 23152(a) focuses on driving under the influence of alcohol or drugs. Section 23152(b) targets those driving with a BAC of 0.08% or more.

DUI Checkpoints

DUI checkpoints are common in Southern California. These are pre-planned locations where officers check drivers for signs of intoxication. The Supreme Court has set strict guidelines for these checkpoints:

• Supervisors must decide where and when to set up checkpoints.
• Clear policies must guide officers on how to stop vehicles.
• Proper lighting, warning signs, and visible police vehicles are required.

Checkpoints must also be in reasonable locations and keep traffic delays to a minimum. If these rules aren’t followed, evidence from the checkpoint can be challenged.

Traffic Stops

Most DUI charges start with a traffic stop. Common reasons include speeding, running a stop sign, or weaving between lanes. During the stop, officers look for objective symptoms of intoxication like slurred speech, watery eyes, and the smell of alcohol.

Field Sobriety Tests

If an officer suspects you are intoxicated, they may ask you to perform Field Sobriety Tests (FSTs). These tests include:

• Horizontal Nystagmus Test: Following an object with your eyes.
• Walk-and-Turn Test: Walking in a straight line, heel-to-toe.
• One-Leg Stand: Balancing on one leg.

These tests can be subjective and are often challenged in court.

BAC Tests

Officers may also ask you to take a BAC test. There are two main types:

• Breath Tests: These measure the alcohol in your breath. Officers must observe you for 15 minutes before the test to ensure nothing affects the results. Issues like “mouth alcohol” from burping or using mouthwash can lead to false readings.
• Blood Tests: These measure the alcohol in your blood. Proper procedures must be followed to ensure accurate results.

If these procedures are not followed, your attorney can challenge the results.

Understanding these elements is crucial for building a strong defense. If you face DUI charges, consult with an experienced attorney who knows the ins and outs of southern california dui defense.

Top DUI Defense Strategies

When facing DUI charges, having a solid defense strategy can make all the difference. Here are some of the top DUI defense strategies used by experienced attorneys:

Bad Driving Defense

Bad driving doesn’t always mean DUI. You can argue that your driving was poor but not due to intoxication. For example, the National Highway Traffic Safety Administration states that driving patterns predict DUI only 35% of the time.

Example: Imagine Tony, who was pulled over for drifting into another lane while changing his music playlist. His attorney could argue that Tony was driving within the speed limit, pulled over safely, and was otherwise driving with caution. This strategy can lead to a “not guilty” verdict.

Objective Symptoms

Physical symptoms like red eyes or slurred speech don’t always indicate DUI. Many factors, such as fatigue, allergies, or contact lenses, can cause these symptoms.

Example: An officer might testify that you had red, watery eyes. Your attorney can counter this by showing that you have allergies or were tired, thus debunking the officer’s assumption.

Field Sobriety Tests (FSTs)

Field Sobriety Tests are not always reliable. Factors like uneven surfaces, poor lighting, or the suspect’s physical condition can affect the results.

Example: If the tests were conducted in an area with poor lighting or uneven ground, your attorney could argue that the test conditions were not ideal, making the results unreliable.

Mouth Alcohol

“Mouth Alcohol” can cause falsely high BAC results. This happens if you burp, use mouthwash, or consume certain medications before the test.

Example: Becky, who suffers from GERD, burped multiple times during her breath test. Her attorney could argue that this led to a falsely high BAC reading due to residual mouth alcohol.

Rising BAC

Your BAC might have been rising at the time of the test. This means your BAC was below the legal limit while driving but increased by the time you were tested.

Example: Suppose you had a drink shortly before being pulled over. Your BAC might have been rising, meaning you weren’t over the limit while driving. This can be a strong defense.

Mental Alertness

You might have been mentally alert despite a high BAC. This can be used to argue that you weren’t impaired.

Example: If you were able to answer questions clearly and follow instructions, your attorney could argue that you were mentally alert and not impaired.

Medical Conditions

Medical conditions like hypoglycemia, diabetes, or a high-protein diet can lead to false BAC readings.

Example: If you have diabetes, your attorney could argue that your condition caused a false BAC reading, leading to an incorrect DUI charge.

Procedural Errors

Officers must follow specific procedures during a DUI arrest. Any deviation can be grounds for a defense.

Example: If the officer didn’t observe you for 15 minutes before the breath test, your attorney could argue that the test results are invalid.

By understanding these strategies, you can better navigate your DUI defense. For personalized defense strategies, contact Inland Empire Criminal Defense at (909) 939-7126.

How to Choose the Best DUI Lawyer

When facing DUI charges, selecting the right attorney is crucial. Here are key factors to consider:

Experience

Experience matters. Look for a lawyer who has extensive practice in southern california dui defense. An attorney who is well-versed in DUI cases will understand the nuances of the law, local court procedures, and how to effectively challenge the evidence against you.

Track Record

A lawyer’s past success can be a good indicator of their ability to handle your case. Ask about their track record in DUI cases, including how many cases they have won or had dismissed.

Personalized Defense

Your case is unique, and so should be your defense. A good DUI lawyer will tailor their approach to your specific situation. This includes meeting with you, reviewing police reports, and identifying weaknesses in the prosecution’s case.

Former Prosecutors

Lawyers who were once prosecutors bring a valuable perspective. They understand how the other side thinks and can anticipate the prosecution’s moves. This can be a significant advantage in court.

Private DUI Attorneys vs. Public Defenders

Private DUI Attorneys: They often have more time and resources to dedicate to your case compared to public defenders. They can handle both the criminal and DMV aspects of your DUI case.

Public Defenders: While skilled, they are often overworked and may not have the time to give your case the attention it needs. Moreover, public defenders typically do not handle the DMV portion of your case.

Self-Representation

Representing yourself is rarely a good idea in DUI cases. The law is complex, and without specialized knowledge, you are at a significant disadvantage. Most people who represent themselves end up dissatisfied with the outcome.

Choosing the right DUI lawyer can make all the difference in the outcome of your case. For expert legal assistance, contact Inland Empire Criminal Defense at (909) 939-7126.

Southern California DUI Defense

When facing DUI charges in Southern California, the stakes are high. Penalties can include jail time, hefty fines, probation, community service, license suspension, and mandatory DUI school. This makes having a skilled DUI defense attorney essential.

Why Choose a DUI Attorney?

DUI laws in California are stringent and complex. For example, California Vehicle Code 23612, also known as the “implied consent law,” mandates that drivers must submit to blood alcohol or drug level testing if requested by an officer. Refusing can result in immediate penalties, including license suspension and fines.

Inland Empire Criminal Defense specializes in navigating these complexities. With experience in DUI defense, our attorneys understand the nuances of local laws and procedures. This expertise can make a significant difference in the outcome of your case.

Proven Defense Strategies

Our team employs a variety of defense strategies to challenge DUI charges effectively. Here are some of the key tactics we use:

• Challenging Field Sobriety Tests: Field sobriety tests are often unreliable. Factors like weather conditions, uneven surfaces, and even medical conditions can affect performance.
• Questioning Breathalyzer Accuracy: Breathalyzers can give false readings due to improper calibration, maintenance issues, or even certain medical conditions.
• Examining Procedural Errors: Law enforcement must follow strict protocols during DUI stops and checkpoints. Any deviation can be grounds for dismissing evidence.

Case Studies

Case Study 1: A client was pulled over at a DUI checkpoint. Our team found that the checkpoint did not meet the legal standards set by the Supreme Court, such as proper lighting and clear warning signs. As a result, the evidence was thrown out, and the charges were dismissed.

Case Study 2: Another client failed a field sobriety test. We demonstrated that the client had a medical condition affecting their balance, leading to the dismissal of the test results and a favorable plea deal.

The Inland Empire Criminal Defense Advantage

Our firm offers more than just legal representation. We provide a comprehensive approach to southern california dui defense, ensuring that every aspect of your case is scrutinized for potential weaknesses.

• Personalized Defense: We take the time to understand your unique situation and build a defense strategy tailored to your needs.
• Experienced Team: Our attorneys have successfully defended more than 1,000 clients, utilizing their deep knowledge of DUI laws and defense tactics.
• Accessibility: We maintain open communication with our clients, keeping you informed every step of the way.

If you’re facing DUI charges in Southern California, don’t navigate the legal system alone. Contact Inland Empire Criminal Defense for a free consultation at (909) 939-7126.

Frequently Asked Questions about DUI Defense

What is the best defense against a DUI?

The best defense against a DUI often depends on the specifics of your case. However, some common and effective strategies include:

• Breathalyzer Accuracy: Breathalyzers can be faulty due to poor maintenance or calibration. Questioning the accuracy of the device used can cast doubt on your BAC results.

• Blood Test Chain of Custody: If the chain of custody for your blood test was broken, it can compromise the integrity of the evidence. This can be a strong defense.

• Rising BAC: Your BAC could have been below the legal limit while driving but rose above it by the time you were tested. This is known as the “rising BAC” defense.

• Not the Driver: If you were not actually driving the vehicle at the time of the alleged offense, this can be a straightforward defense.

• Improper Police Actions: Any improper actions by law enforcement, such as failing to follow proper procedures, can be used to challenge the charges.

How can I get my DUI case dismissed in California?

Getting a DUI case dismissed in California is challenging but not impossible. It often requires proving that law enforcement made errors or violated your rights. Here are some common ways to achieve this:

• Unreasonable Traffic Stop: If the officer did not have a valid reason to stop your vehicle, any evidence obtained during the stop may be suppressed.

• False Sobriety Tests: Field sobriety tests are often subjective and can be inaccurate. Challenging these tests can weaken the prosecution’s case.

• Breath Test Procedure Violations: If the officer did not follow proper procedures during the breath test, the results could be invalid.

• Suppressed Blood Tests: Blood test results can be suppressed if the chain of custody was broken or if the test was not administered correctly.

Do you get a public defender for a DUI in California?

Yes, you can get a public defender for a DUI in California, but there are some conditions:

• Low Income: Public defenders are typically appointed for individuals who cannot afford to hire a private attorney. You will need to demonstrate financial need.

• Financial Troubles: If you have significant financial troubles, you may qualify for a public defender. However, if you or your family have substantial assets or income, you may need to hire a private attorney.

Public defenders are often overworked and may not have the time to fully dedicate to your case. Private DUI attorneys can offer more personalized attention and resources.

If you’re facing a DUI charge, it’s crucial to explore all your legal options. Contact Inland Empire Criminal Defense at (909) 939-7126 for a free consultation and expert legal advice.

Conclusion

At Inland Empire Criminal Defense, we understand that facing a DUI charge can be overwhelming. Our team of experienced DUI attorneys is dedicated to providing personalized defense strategies tailored to your unique circumstances. With our deep knowledge of Southern California DUI defense, we aim to protect your rights and help you navigate this challenging time.

Free consultations are available to discuss your case and explore your legal options. We believe in open communication and building trust with our clients, ensuring you feel supported every step of the way.

Whether it’s your first offense or a more complicated case, such as a DUI with an excessive BAC or involving a minor, our team is here to help. We meticulously examine every detail of your case to identify potential weaknesses in the prosecution’s evidence. From challenging the accuracy of field sobriety tests to questioning the maintenance of breathalyzer devices, we leave no stone unturned.

Don’t let a DUI charge define your future. Reach out to Inland Empire Criminal Defense at (909) 939-7126 for a free consultation. Let us provide the expert legal support you need to achieve the best possible outcome for your situation.

For more information about our services, visit our website. Your path to justice starts here.