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Top Defenses for Fighting a DUI Charge

Legal Defenses for Fighting California DUI Charges


DUI Defenses - Bay Area DUI Super Lawyers


Getting charged with driving under the influence (DUI) may make you feel like you are out of options. However, there are several defense strategies that you may be able to use if you find yourself in that situation.

The prosecution may claim that you were driving with a blood alcohol limit that was much too high, or that you caused an accident because you were impaired. You may even fail a field sobriety test. These allegations may be true, or they may not be. Even if they are true, you can still fight for your rights and try to get the best results possible. This could mean pleading to a lesser charge, or even having the charges dropped altogether.

Here are some of the many options you have at your disposal to fight your DUI case:

  • The police had no cause to pull you over.
  • You were arrested even though your vehicle was parked when the police came to you.
  • You were arrested even though you weren’t in your vehicle when the police first spoke to you.
  • You were arrested even though you were sleeping in your car at the time of contact with the police.
  • You were not the driver, but claimed to be at the scene to protect someone else.
  • You refused field sobriety tests but were arrested anyway.
  • You were arrested despite showing no signs of impairment.
  • The police subjected you to unauthorized sobriety tests.
  • Your field sobriety test was not reliable due to a health issue that made it more difficult.
  • Your field sobriety test was not reliable due to your age which made it more difficult.
  • Your field sobriety test was not reliable because your clothing or shoes made it more difficult.
  • The police were biased when they came into contact with you.
  • You actually drank alcohol after driving but before the police came into contact with you.
  • You drank alcohol right before getting behind the wheel, but it absorbed into your blood after you finished driving.
  • The police failed to take your breath sample within 3 hours of when you stopped driving.
  • The blood alcohol test was unreliable because you rinsed with mouthwash.
  • The blood alcohol test was unreliable because you have diabetes.
  • The blood alcohol test was unreliable because of bronchitis or asthma.
  • The blood alcohol test was unreliable because you have digestive issues such as GERD or acid reflux.
  • The blood alcohol test was unreliable because you vomited or burped prior to the test.
  • The blood alcohol test was unreliable because you have trace amounts of alcohol in your teeth from dentures or other dental treatments.
  • Outside contaminants such as toxic fumes, gasoline, ethanol or paint affected your results.
  • The police did not follow proper procedures such as observing you for 15 minutes prior to taking the test, or not taking 2 tests more than 2 minutes apart.
  • Your breath test results were within the scientific margin of error.
  • The testing device was improperly maintained or calibrated.
  • You were administered a blood test but the technician did not properly shake the vial.
  • You were administered a blood test but the technician prepared your skin for the test with an alcohol swab, which contaminated the results.
  • You were administered a blood test but the police did not follow the proper chain of custody requirements.
  • You were administered a blood test but the police did not legally obtain a warrant or get your consent.
  • Your blood test results were not kept for at least a year for you to have it retested.
  • The police did not protect the breath testing device they used from radio waves or other electrical interference.
  • The police officer who administered your breath test did not account for the temperature, atmospheric pressure, or altitude, which can all have an effect on the results.

If you are charged with a DUI, then do not lose hope. As you can see, there are many possible defenses you can use to get a favorable result and even possibly avoid losing your license or having to do jail time. Give our law firm a call today or email today, we can help you fight for your rights. (510) 842-0750

 

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If you have a criminal defense or DUI/DWI case in Alameda, Fremont, Hayward, Dublin, Oakland, Richmond, Pittsburg or San Francisco, contact our office for a consultation now! Any day, any time, for peace of mind! (510) 842-0750

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