Understanding DUI Charges in California

Understanding DUI charges in California is crucial if you find yourself facing an arrest. Let’s break down the essentials: what DUI means, the relevant laws, BAC limits, penalties, and how first-time offenses differ from repeat offenses.

What is a DUI?

DUI stands for Driving Under the Influence. It means operating a vehicle while impaired by alcohol, drugs, or a combination of both. In California, DUI laws are strict and aim to curb impaired driving to ensure road safety.

California Vehicle Code 23152

California’s DUI laws are primarily governed by Vehicle Code 23152. This code has two key sections:

• 23152(a) VC: It is unlawful to drive under the influence of any alcoholic beverage or drug.
• 23152(b) VC: It is unlawful to drive with a Blood Alcohol Concentration (BAC) of 0.08% or higher.

BAC Limits

California sets specific BAC limits to define intoxication levels:

• 0.08% for most drivers aged 21 and over.
• 0.04% for commercial drivers.
• 0.01% for drivers under 21.

Penalties for DUI

Penalties for a DUI conviction in California can vary based on several factors, including your BAC level, prior DUI offenses, and whether any aggravating circumstances (like accidents) were involved.

For a first-time DUI offense, penalties may include:

• Fines ranging from $390 to $1,000.
• License suspension for up to 6 months.
• DUI education programs.
• Possible jail time, usually up to 6 months.

For repeat offenses, penalties become more severe:

• Second Offense: Increased fines, longer license suspension (up to 2 years), mandatory DUI education programs, and possible jail time up to 1 year.
• Third Offense: Even higher fines, longer license suspension (up to 3 years), mandatory DUI education programs, and up to 1 year in jail.
• Fourth Offense: This can be charged as a felony, leading to significant fines, longer license suspension (up to 4 years), extensive DUI education programs, and state prison time.

First-Time vs. Repeat Offenses

The consequences of a DUI conviction escalate with each subsequent offense. For instance, a first-time DUI might result in a shorter license suspension and minimal jail time, whereas a second or third offense can lead to longer suspensions, higher fines, and mandatory jail time.

Repeat offenders face stricter penalties, including longer mandatory jail sentences and more extended periods of license suspension. Additionally, the court may impose harsher probation terms and mandatory installation of an ignition interlock device.

Understanding these elements can help you navigate the complexities of a DUI charge. With the right defense strategy, you can challenge the evidence against you and potentially reduce the impact of these severe penalties.

Next, let’s dive into the top DUI defense strategies that can help you fight these charges effectively.

Top 10 DUI Defense Strategies in California

1. Bad Driving Does Not Automatically Equal DUI

Just because someone is driving poorly doesn’t mean they’re under the influence. Factors like fatigue, distractions, or even unfamiliarity with the area can cause bad driving. According to the NHTSA, many sober drivers exhibit erratic driving behaviors that mimic those of intoxicated drivers. Your attorney can argue that your driving patterns were due to these non-alcohol-related reasons.

2. Objective Symptoms of Intoxication Are Not the Same Thing as DUI

Red eyes, slurred speech, and unsteady gait can be caused by various non-alcoholic factors such as allergies, fatigue, or even medication side effects. It’s crucial to differentiate between symptoms that can be misinterpreted as intoxication and actual impairment. Your attorney can introduce medical records or expert testimony to support this defense.

3. Field Sobriety Tests (FSTs) Don’t Accurately Measure Impairment

Field Sobriety Tests are not foolproof. External factors like poor lighting, uneven surfaces, or even the suspect’s nervousness can affect performance. The NHTSA acknowledges that these tests can be subjective. Your lawyer can challenge the reliability of the FST results by pointing out these inconsistencies.

4. “Mouth Alcohol” Led to a Falsely High BAC Result

Residual alcohol in the mouth can lead to falsely high BAC readings. Conditions like GERD or recent use of mouthwash can affect the breath test results. California law requires a 15-minute observation period before the test to ensure no mouth alcohol is present. If this protocol wasn’t followed, your BAC reading could be challenged.

5. The Officer Didn’t Conduct a Proper 15-Minute Observation Period

Officers must observe the suspect for 15 minutes before administering a breath test to ensure no alcohol is introduced into the mouth. Distractions or failure to follow this procedure can invalidate the test results. If the observation period was not properly conducted, your attorney can file a motion to suppress the breath test evidence.

6. The Officer Didn’t Comply With Title 17 Regulations on Blood and Breath Testing

Title 17 of the California Code of Regulations outlines strict protocols for DUI testing, including proper training for officers, equipment calibration, and sample handling. Non-compliance with these regulations can result in inaccurate test results. Your lawyer can investigate whether these protocols were followed and challenge any deviations.

7. Your BAC Was “On the Rise”

Blood alcohol concentration (BAC) can continue to rise for up to two hours after your last drink. If your test was conducted during this absorption phase, your BAC might have been below the legal limit while you were actually driving. Timing is crucial, and your attorney can use expert testimony to argue that your BAC was rising at the time of the test.

8. You Weren’t DUI Because You Were Mentally Alert

Physical symptoms alone do not prove impairment. You might exhibit physical signs like red eyes or unsteady gait but still be mentally alert and capable of driving. Expert testimony can help differentiate between mental and physical impairment, supporting the argument that you were not under the influence.

9. Hypoglycemia, Diabetes or a High Protein Diet Falsely Inflated Your BAC

Medical conditions like diabetes or dietary factors can produce ketones, which breathalyzers might mistake for alcohol. This can lead to falsely high BAC readings. Your attorney can present medical evidence to show that your condition or diet was responsible for the elevated BAC.

10. The Arresting Officer(s) Didn’t Follow Proper Procedures

Procedural errors by officers, such as lack of probable cause or failure to read Miranda rights, can lead to the suppression of evidence. If the initial stop or arrest was unlawful, any evidence gathered afterward could be inadmissible. Your attorney can file a motion to suppress this evidence, potentially leading to a dismissal of the charges.

For more detailed information on how these strategies can be applied to your case, contact Inland Empire Criminal Defense at (909) 939-7126.

Next, we’ll answer some frequently asked questions about DUI defense strategies in California.

1. Bad Driving Does Not Automatically Equal DUI

One of the most common assumptions in DUI cases is that erratic driving always means the driver is under the influence. But this isn’t necessarily true. Erratic driving can be caused by many factors unrelated to alcohol or drugs.

Traffic Violations and Sober Drivers

The National Highway Traffic Safety Administration (NHTSA) reports that cues based on driving patterns are only predictive of DUI about 35% of the time. This means that sober drivers often commit traffic violations too.

Imagine you’re driving late at night, tired from a long day. You might start to drift within your lane or even miss a stop sign. These actions could easily be mistaken for signs of impairment. However, they are just as likely to be the result of fatigue or distraction.

Case Study: Tony’s Late-Night Drive

Let’s look at an example. Tony was driving on the 405 Freeway after having a late-night drink with a friend. He picked up his phone to change the playlist and drifted into the next lane. A California Highway Patrol officer pulled him over and arrested him for DUI.

Tony’s defense attorney got the officer to admit that Tony was driving within the speed limit, pulled over as directed, and parked without difficulty. The officer also admitted that sober people often drift into other lanes due to distractions like smartphones. This defense led to a “not guilty” verdict for Tony.

NHTSA Statistics

According to the NHTSA, the majority of traffic violations are committed by sober drivers. This is an important point to remember. Bad driving alone does not prove DUI. It’s essential to differentiate between poor driving and driving under the influence.

In summary, if you’re facing a DUI charge, erratic driving does not automatically mean you were under the influence. There are many reasons why someone might drive poorly, and a skilled DUI defense attorney can help highlight these factors in your case.

Next, we’ll explore how physical symptoms of intoxication are not always reliable indicators of DUI.

2. Objective Symptoms of Intoxication Are Not the Same Thing as DUI

When it comes to DUI charges, physical symptoms like red eyes, slurred speech, and unsteady walking often get cited as evidence of intoxication. However, these symptoms can have many non-alcoholic causes.

Red Eyes

Red eyes can be due to a number of reasons other than alcohol. Allergies, fatigue, and eye irritation are common culprits. Imagine someone who’s been up all night working on a project. Their eyes would likely be red and watery, but it’s not fair to assume they’ve been drinking.

Slurred Speech

Slurred speech might sound like a clear sign of intoxication, but it’s not always the case. Fatigue, certain medications, or even stress can affect how someone talks. For example, a person who just got off a long shift might sound slurred simply because they are exhausted.

Unsteady Walking

Walking unsteadily can happen for many reasons. Injuries, ill-fitting shoes, or medical conditions like vertigo can make someone appear impaired. Imagine wearing high heels on uneven pavement. You might stumble, but that doesn’t mean you’re drunk.

Real-Life Example

Consider John, who was pulled over for suspected DUI. The officer noted that John had red eyes and slurred speech. However, John’s defense attorney showed that John had severe allergies and was taking medication that made him drowsy. This evidence helped prove that John’s symptoms were not due to alcohol.

Legal Perspective

California law allows drivers to refuse field sobriety tests because these tests can be influenced by many factors unrelated to alcohol. For instance, if English isn’t your first language, you might have trouble following instructions. This doesn’t mean you’re under the influence; it means the test isn’t fair.

Conclusion

In DUI cases, it’s crucial to remember that objective symptoms of intoxication are not foolproof indicators. Allergies, medications, and fatigue can all mimic signs of alcohol use. A skilled DUI defense attorney can help you present these alternative explanations to challenge the charges against you.

Next, we’ll examine why Field Sobriety Tests (FSTs) don’t accurately measure impairment.

3. Field Sobriety Tests (FSTs) Don’t Accurately Measure Impairment

Field Sobriety Tests (FSTs) are a common tool used by law enforcement to determine if a driver is under the influence. However, these tests are far from perfect and don’t always provide an accurate measure of impairment.

FST Reliability

The National Highway Traffic Safety Administration (NHTSA) claims that FSTs can predict alcohol impairment with 91% accuracy. But this high percentage assumes ideal test conditions and proper administration by trained officers. In reality, the reliability of these tests can be influenced by a variety of factors.

NHTSA Standards

NHTSA has standardized three main field sobriety tests:

1. Horizontal Gaze Nystagmus (HGN) Test
2. Walk-and-Turn Test
3. One-Leg Stand Test

These tests are designed to measure balance and coordination, but they are not foolproof. Even with proper training, officers can make subjective judgments that affect the results.

External Factors

Several external factors can impact the results of FSTs. For instance, uneven surfaces, poor lighting, and adverse weather conditions can all make it difficult for even a sober person to perform well on these tests.

Case Study: Lisa was charged with DUI in Los Angeles. She took her FSTs on Sunset Boulevard, outside a busy bar with a line of people watching. The night was cold and windy, and she was wearing 3-inch high heels. Her DUI lawyer successfully argued that these external factors, not alcohol, caused her to perform poorly on the tests.

Nerves

Let’s face it, getting pulled over by the police can be nerve-wracking. Nervousness can significantly impact your performance on FSTs. Shaking hands, sweating, and a racing heart can make it difficult to walk in a straight line or balance on one leg.

Clothing

Your choice of clothing can also affect how you perform on FSTs. Tight clothes, high heels, or even flip-flops can make it challenging to pass these tests.

Example: Imagine being asked to walk heel-to-toe in a straight line while wearing flip-flops on a gravel road. Even the most coordinated person might struggle under these conditions.

Conclusion

Field Sobriety Tests are not always accurate indicators of impairment. External factors, nerves, and clothing can all influence your performance. A knowledgeable DUI defense attorney can help you challenge the reliability of these tests and build a strong defense.

Next, we’ll explore how “mouth alcohol” can lead to falsely high BAC results.

4. “Mouth Alcohol” Led to a Falsely High BAC Result

Residual Mouth Alcohol

One common defense in DUI cases is residual mouth alcohol. This happens when alcohol in your mouth, rather than from your lungs, skews the results of a breath test.

Imagine you recently used mouthwash or breath spray, which often contains alcohol. When you blow into a breathalyzer, this mouth alcohol can mix with your breath and create a falsely high BAC reading.

GERD and Acid Reflux

Medical conditions like gastroesophageal reflux disease (GERD) can also lead to inaccurate BAC results. GERD causes stomach contents, including alcohol, to move back into your esophagus and mouth. This residual alcohol can then be detected by the breathalyzer, inflating your BAC reading.

Example: Becky had a rich meal that triggered her GERD, causing her to burp repeatedly. During her breath test, this caused her BAC to register higher than it actually was. Her DUI defense attorney presented this information, and the prosecutor offered a plea bargain to a reduced charge.

Importance of the 15-Minute Observation Period

Before administering a breath test, officers must observe you for 15 minutes. This ensures you don’t ingest anything that could affect the results, like:

• Alcoholic drinks
• Medicines (e.g., cough syrup)
• Mouth spray or mouthwash

The officer must also ensure you don’t belch, burp, or regurgitate, as these actions can bring alcohol from your stomach into your mouth, leading to residual mouth alcohol.

Example: At Tim’s DUI trial, the officer claimed to have observed him for 15 minutes. However, during cross-examination, Tim’s attorney revealed that the observation took place while driving to the station, with Tim alone in the backseat. The officer admitted he couldn’t have seen Tim burp or regurgitate, which could have affected the BAC results. This led to Tim successfully fighting his DUI charges.

Breath Test Accuracy

The accuracy of breath tests relies on measuring “deep lung air.” However, when mouth alcohol is present, it can mix with lung air and result in falsely high BAC readings.

Key Points to Consider:

• Non-alcoholic substances: Breath sprays, mouthwash, and even certain medical conditions can cause false positives.
• Calibration and maintenance: Breathalyzers need regular checks and calibration. Malfunctioning equipment can yield unreliable results.
• Software glitches: Like any software, breathalyzer programs can have glitches, affecting accuracy.

A skilled DUI attorney can investigate these factors to challenge the reliability of your breath test.

Next, we’ll discuss how failing to conduct a proper 15-minute observation period can be a strong DUI defense.

5. The Officer Didn’t Conduct a Proper 15-Minute Observation Period

Before administering a DUI breath test, California law requires that the arresting officer observe the suspect for a full 15 minutes. This observation period is crucial to ensure that nothing interferes with the accuracy of the test, such as eating, drinking, smoking, or even burping.

Why the 15-Minute Observation Period Matters

The purpose of this observation period is to prevent “residual mouth alcohol” from skewing the results. Residual mouth alcohol can come from recent drinking, belching, or even using mouthwash. If not properly observed, the breath test could show a falsely high BAC.

Common Issues During Observation

In reality, officers often multitask during this period. They may be:

• Doing paperwork
• Setting up the breath test machine
• Talking on their radio

These distractions mean they aren’t giving their full attention to the suspect, making it possible for the suspect to burp or belch without the officer noticing. This oversight can lead to inaccurate BAC results.

Case Study: Tim’s Successful Defense

Take the case of Tim, who was arrested for DUI. During his trial, the officer testified that he had “continuously observed” Tim for 15 minutes before the breath test. However, Tim’s attorney revealed that this observation took place while Tim was alone in the backseat of a patrol car during the drive to the station. The officer had to admit he couldn’t have seen Tim burp, belch, or even hiccup during this time.

As a result, the court questioned the validity of the BAC results, leading to Tim successfully fighting his DUI charges.

How a DUI Attorney Can Help

A skilled DUI attorney can:

• Cross-examine the arresting officer to reveal any lapses in the observation period.
• Subpoena dashcam or bodycam footage to verify the officer’s actions during the observation period.
• Bring in expert witnesses to explain how a lack of proper observation can affect BAC results.

By questioning whether the officer properly conducted the 15-minute observation, your attorney can cast doubt on the entire DUI investigation.

Next, we’ll discuss how non-compliance with Title 17 regulations can be another strong defense in DUI cases.

6. The Officer Didn’t Comply With Title 17 Regulations on Blood and Breath Testing

Title 17 of the California Code of Regulations sets strict rules for how DUI blood and breath tests must be conducted. These rules cover everything from the proper training of personnel to the calibration of equipment and the handling of samples. If these regulations aren’t followed, the results of your DUI test could be questioned.

Proper Training

Personnel conducting DUI tests must be properly trained. If the officer or technician who administered your test lacked the necessary training, their actions might have led to inaccurate results.

For example, in a case in Ventura County, a DUI criminalist admitted during cross-examination that the preservative in the blood sample vial had expired. The arresting officer also didn’t properly shake or store the sample. These are clear violations of Title 17 regulations, and they helped the defendant’s lawyer argue that the test results were invalid.

Equipment Calibration

Regular calibration and maintenance of testing equipment are crucial. Breathalyzers and other testing devices need to be checked and calibrated according to a strict schedule. If this isn’t done, the results can be inaccurate.

In one case, a DUI defense attorney was able to show that the breathalyzer used had not been calibrated correctly. This cast doubt on the accuracy of the BAC results, making it easier to argue for the charges to be dropped or reduced.

Sample Handling

The way blood and breath samples are collected, handled, and stored is also regulated by Title 17. Samples must be taken in a sanitary environment, and the equipment used must be sterile and properly sealed.

An example of this is the case of People v. Cuevas, where the court noted that searches under warrants are not “per se reasonable.” If blood is taken in a non-sanitary environment, or if the needle did not come from a sealed package, the sample could be suppressed. This can lead to the dismissal of DUI charges.

What Your Attorney Can Do

A skilled DUI attorney can:

• Review the training records of the personnel involved in your test to ensure they were properly qualified.
• Check the calibration logs of the testing equipment used to see if it was maintained correctly.
• Investigate the handling and storage of your samples to identify any potential mishandling.

By focusing on these aspects, your attorney can argue that non-compliance with Title 17 regulations compromised the accuracy of your DUI test results, providing a strong defense strategy.

Next, let’s examine how the timing of the BAC test can impact your case and how the concept of “rising blood alcohol” can be used as a defense.

7. Your BAC Was “On the Rise”

Imagine this: You have a couple of drinks at a bar and then head home. On your way, you’re stopped by the police. By the time you take a breath test, your Blood Alcohol Content (BAC) reads over the legal limit. But wait—what if your BAC wasn’t that high when you were actually driving?

This situation involves a concept called “rising blood alcohol.” Here’s how it works:

Rising BAC and Absorption Time

When you consume alcohol, it doesn’t immediately enter your bloodstream. Instead, it takes time for your body to absorb it. According to Burbank DUI defense attorney John Murray, it can take about 50 minutes to two or three hours for BAC to reach its peak level. During this period, your BAC is “on the rise.”

Peak Levels and Timing of the Test

The crucial point is that your BAC might be below the legal limit when you were driving but could rise above it by the time you are tested. This difference in timing can be a strong defense strategy. If your BAC test was conducted long after you were pulled over, it might not accurately reflect your BAC at the time you were driving.

Case Study: Sheila’s Rising BAC

Take the example of Sheila. She had a couple of quick shots at a bar and left almost immediately. She was pulled over for a minor traffic issue. By the time she took a breath test, her BAC was 0.09%. However, her DUI defense lawyer could argue that her body hadn’t fully absorbed the alcohol when she was driving. This means her BAC was likely below the legal limit when she was behind the wheel.

Using Rising BAC as a Defense

Your DUI attorney can leverage this defense by:

• Questioning the timing of the BAC test.
• Presenting expert testimony to explain how BAC levels rise over time.
• Highlighting any delays between your traffic stop and the BAC test.

By focusing on these aspects, your attorney can argue that the BAC test results do not accurately represent your BAC at the time you were driving, providing a solid defense strategy.

Next, we’ll explore how mental alertness can differentiate between DUI and mere physical symptoms of intoxication.

8. You Weren’t DUI Because You Were Mentally Alert

The difference between mental and physical impairment can be the key to a successful DUI defense. Often, officers focus on physical signs like unsteady gait or slurred speech. But these don’t necessarily mean you were mentally impaired and unable to drive safely.

Mental vs. Physical Impairment

Police officers often testify about physical signs of intoxication. However, mental alertness is a different story. If you were mentally sharp, it could mean you weren’t actually impaired.

Example: John was pulled over in Long Beach for holding his cell phone while driving. He was polite, coherent, and followed all instructions during the field sobriety tests. Despite some physical signs of impairment, his mental alertness suggested he wasn’t DUI.

Expert Testimony

Expert witnesses can play a crucial role in this defense. DUI toxicologists and other experts can testify that it’s rare for someone to be physically impaired without also being mentally impaired.

Example: A DUI lawyer might bring in a toxicologist to explain that someone who is mentally sharp likely had another reason for their physical symptoms, such as fatigue or stress.

Alternative Explanations

There are many reasons you might show physical signs of impairment without being under the influence. Allergies, a cold, eye irritation, or even just being tired can mimic symptoms of intoxication.

Example: Sheila had a couple of quick shots at a bar and was stopped shortly after. She was mentally alert but had red eyes and a flushed face. Her attorney argued these symptoms were due to her allergies, not alcohol.

By focusing on your mental alertness and providing alternative explanations for any physical signs, your attorney can build a strong defense.

Next, we’ll discuss how medical conditions like hypoglycemia or a high-protein diet can lead to falsely inflated BAC readings.

9. Hypoglycemia, Diabetes or a High Protein Diet Falsely Inflated Your BAC

Certain medical conditions and diets can trick breathalyzer tests into showing a higher blood alcohol concentration (BAC) than you actually have. This can be a strong defense in your DUI case.

Ketones and Breath Test Confusion

When your body burns fat instead of carbohydrates for fuel, it produces chemicals called ketones. This can happen if you are diabetic, fasting, or on a high-protein/low-carb diet like Atkins or Paleo.

Ketones are chemically similar to alcohol. Breathalyzer machines sometimes can’t tell the difference between ketones and ethyl alcohol (the alcohol found in drinks). This can lead to a falsely high BAC reading.

Example: Leo was on a strict low-carb diet and had been fasting for a few days. When he celebrated finishing a project with a single beer, his breath test showed a BAC of .10%. A blood test later showed his BAC was actually .05%. His attorney argued the high breath test result was due to ketones.

Medical Conditions: Hypoglycemia and Diabetes

People with diabetes or hypoglycemia often experience ketosis, which can lead to false positives on breath tests. These conditions can also cause symptoms like confusion and lack of coordination, which might be mistaken for intoxication.

Example: John has diabetes and was stopped by police for erratic driving. His breath test showed a BAC of .07, but he was arrested because he appeared impaired. An expert testified that John’s symptoms were likely due to his medical condition, not alcohol.

Diet Effects

Popular diets like low-carb and high-protein plans can also result in ketosis. This not only affects your breath test results but can cause symptoms that mimic alcohol impairment, such as:

• Confusion
• Lack of coordination
• Breath that smells like alcohol

Example: A person on the Atkins diet was stopped at a DUI checkpoint. They had a BAC reading of .09% but showed no signs of mental impairment. Their attorney argued that the diet-induced ketosis caused the high BAC reading.

Using This Defense

If you have a medical condition or are following a specific diet that could affect your BAC, it’s crucial to inform your attorney. They can retain expert witnesses to testify about how these factors might have led to a false BAC reading.

In the next section, we’ll explore how errors in police procedures can also be a powerful defense in DUI cases.

10. The Arresting Officer(s) Didn’t Follow Proper Procedures

When it comes to DUI defense strategies in California, one of the strongest defenses is proving that the arresting officer didn’t follow proper procedures. This can lead to the suppression of evidence and potentially a dismissal of charges. Here are some key areas where procedural errors can occur:

Lack of Probable Cause

An officer must have probable cause to pull you over. If the police stopped you without a valid reason, any evidence gathered after the stop could be inadmissible in court. For example, if an officer stops you solely because you left a bar, that’s not enough. They need to observe a traffic violation or erratic driving first. If you believe your stop was unjustified, this could be a crucial part of your defense.

Miranda Rights Violations

Once you are under arrest, the police must read you your Miranda rights before questioning you. These rights include the right to remain silent and the right to an attorney. If the officer fails to do this, any statements you make may be excluded from evidence. In one case, Lucy was arrested for DUI, but her lawyer got her statements thrown out because the officer read her Miranda rights too late. This led to a plea deal for a lesser charge.

Suppression Hearing

If the police didn’t follow proper procedures, your lawyer can request a suppression hearing. This is where the judge decides whether to exclude certain evidence from the trial. For example, if the officer didn’t have probable cause for the stop, any evidence obtained afterward, like breathalyzer results, could be thrown out. This could weaken the prosecution’s case significantly.

Police Misconduct

Police misconduct can take many forms, such as falsifying reports, using excessive force, or conducting illegal searches. If any misconduct occurred during your arrest, it could be grounds for dismissing the charges. For instance, if an officer lied about why they stopped you or coerced you into confessing, your lawyer could argue that this tainted the entire investigation.

Real-World Example

John was stopped for a suspected DUI, but his attorney discovered that the officer had no valid reason for the stop. The lawyer filed a motion under Penal Code 1538.5, arguing that the lack of probable cause made the subsequent evidence inadmissible. The judge agreed, and John’s case was dismissed.

By scrutinizing every step of the police procedure, your attorney can identify any errors that could help your case.

In the next section, we’ll answer some frequently asked questions about DUI defense strategies in California.

Frequently Asked Questions about DUI Defense Strategies in California

How do you beat a DUI case in California?

Beating a DUI case in California involves a strategic approach tailored to the specifics of your situation. Here are some common strategies:

1. Probation: For first-time offenders, probation is often an option instead of jail time. This typically involves attending DUI school, community service, and complying with other court conditions.

2. Unreasonable Traffic Stop: If the police officer didn’t have a valid reason to pull you over, any evidence obtained after the stop can be suppressed. This was the key in John’s case, where his attorney argued the lack of probable cause.

3. False Sobriety Tests: Field Sobriety Tests (FSTs) are not always reliable. Factors like fatigue, medical conditions, or even the type of shoes you’re wearing can affect performance.

4. Breath Test Procedure: California law mandates a 15-minute observation period before administering a breath test. If this procedure isn’t followed, the results can be challenged.

5. Suppressed Blood Tests: Blood tests must follow strict protocols. Any deviation, like improper handling or delayed testing, can lead to the results being thrown out.

What is the best defense against a DUI?

The best defense depends on the unique circumstances of your case. Here are some effective defenses:

1. Breathalyzer Accuracy: Breathalyzers can produce false positives due to factors like residual mouth alcohol, certain medical conditions, or improper calibration.

2. Blood Test Chain of Custody: The prosecution must prove that your blood sample was handled correctly at every step. Any mishandling can make the results inadmissible.

3. Rising BAC: Alcohol takes time to absorb into your bloodstream. Your BAC might have been below the legal limit while driving but rose by the time you were tested.

4. Not the Driver: If you weren’t driving the vehicle at the time of the stop, you can’t be charged with DUI. This defense requires clear evidence, such as witness testimony.

5. Improper Police Actions: Any violation of your rights, like failing to read Miranda rights or conducting an unlawful search, can lead to evidence being suppressed.

What is the best plea for a DUI?

Plea bargaining can sometimes be the best course of action. Here are some common outcomes:

1. Dry Reckless: This is a lesser charge than DUI and doesn’t carry the same stigma. It involves reckless driving without alcohol as a factor.

2. Plea Bargaining: Negotiating with the prosecutor can result in reduced charges or penalties. An experienced DUI attorney can help you get a favorable deal.

3. Reduced Charges: In some cases, your attorney might negotiate for a lesser charge, such as “wet reckless” or even a non-alcohol-related offense.

Each case is unique, so it’s crucial to consult with a skilled DUI attorney to explore the best defense strategies for your situation.

For expert legal assistance, contact Inland Empire Criminal Defense at (909) 939-7126. We offer free consultations and are dedicated to defending your rights.

In the next section, we will summarize the importance of defense strategies and how Inland Empire Criminal Defense can help you navigate through a DUI charge in Southern California.

Conclusion

In summary, facing a DUI charge in California can be overwhelming, but the right defense strategies can make a significant difference. From challenging the legality of the traffic stop to questioning the accuracy of breathalyzer tests, there are numerous ways to fight a DUI charge. Each case is unique, and a tailored approach is essential.

Defense strategies are crucial because they can lead to reduced charges, lesser penalties, or even a dismissal of the case. Understanding and employing these strategies can protect your rights and your future.

At Inland Empire Criminal Defense, we specialize in DUI defense and are committed to providing personalized legal solutions. Our team of experienced attorneys will listen to your needs, investigate your case thoroughly, and develop a robust defense strategy tailored to your situation.

We offer free consultations to discuss your case and explore your options. Whether you are in San Bernardino, Riverside, or Los Angeles Counties, we are here to help. Contact us at (909) 939-7126 to schedule your consultation and start building your defense.

Remember, you don’t have to face this alone. Let us put our expertise to work for you and help you navigate through your DUI charge in Southern California.