Being charged with a DUI in California can feel overwhelming. For many, it’s their first encounter with the legal system, and the potential consequences can seem daunting. But don’t lose hope just yet. DUI charges are not an automatic conviction, and there are several valid defenses that could result in dropped or reduced charges.
Here are 10 possible defenses to a DUI charge in California to consider when building your case with the help of an experienced attorney.
1. Illegal Traffic Stop
For a DUI arrest to be lawful, the police must have had a valid reason to pull you over in the first place. This is known as “reasonable suspicion.” If the officer cannot prove they had a legitimate reason—for example, you weren’t speeding, weaving, or violating any traffic laws—the stop itself could be deemed unlawful. This may lead to the dismissal of your case.
2. Faulty Breathalyzer Testing
Breathalyzers are not infallible. These devices require regular maintenance and calibration to produce accurate results. If the device used in your case was not properly calibrated or maintained, the reading may be inaccurate. Additionally, certain external factors, such as residual alcohol from mouthwash, medications, or even certain health conditions, can impact the results.
3. Improper Administration of Sobriety Tests
Field sobriety tests (FSTs) are notoriously subjective. Factors such as uneven pavement, poor lighting, inappropriate footwear, or even anxiety can lead to a “failure” on these tests, even if you were not impaired. An attorney can challenge the validity of how these tests were conducted and their relevance as evidence.
4. Rising Blood Alcohol Levels
Blood alcohol content (BAC) doesn’t rise immediately after drinking. It takes time for alcohol to be fully absorbed into your bloodstream, meaning your BAC could have been below the legal limit while you were driving but increased by the time you were tested. This is especially relevant if the test was administered long after you were stopped.
5. Medical Conditions or Diets that Mimic Intoxication
Certain medical conditions like diabetes, acid reflux, or GERD (gastroesophageal reflux disease) can produce symptoms that mimic impairment or cause false positives on a breathalyzer test. Similarly, low-carb or ketogenic diets can create compounds such as acetone in the breath, which may interfere with test results.
6. Violation of Your Rights
Your constitutional rights are vital in a DUI case. If law enforcement officers failed to read your Miranda rights, conducted an unlawful search, or did not follow proper procedures during the arrest, your rights may have been violated. These violations can be grounds for suppressing evidence or even dismissing the charges completely.
7. Blood Test Errors
Blood tests, while generally reliable, are not immune to error. Testing procedures must follow strict protocols, including proper collection, storage, and chain of custody. Any contamination, mishandling, or delays in processing can compromise the accuracy of the results. This can open the door to challenging the validity of the evidence against you.
8. Dash Cam or Body Cam Evidence
Modern policing often involves the use of dash cams or body cams, both of which can provide valuable evidence. If this footage contradicts the officer’s report—for instance, if it shows you were speaking clearly or walking steadily at the time of the stop—it can undermine the prosecution’s case against you.
9. Police Misconduct
While most officers act in good faith, sometimes mistakes or misconduct can occur. This may include fabricating evidence, exaggerating reports, or coercing confessions. If you suspect misconduct played a role in your DUI charge, your attorney can investigate and use that information to challenge the case.
10. You Were Not Driving
It may sound simple, but it’s a fundamental point in any DUI case: If the prosecution cannot prove you were driving, they cannot convict you. For example, if you were sitting in a parked car or found outside the vehicle, there could be reasonable doubt as to whether you were driving while under the influence.
Why These Defenses Matter
It’s important to remember that being charged with a DUI does not mean you’re guilty. The legal system presumes your innocence, and the burden of proof lies with the prosecution. However, successfully defending against a DUI charge requires a solid understanding of the law and experience navigating the complexities of DUI cases.
The strategies outlined above need to be carefully evaluated and applied based on the specifics of your case—which is why consulting with an experienced DUI attorney is crucial.
Take Action Today With Alhambra DUI Lawyers
Facing a DUI charge in California can feel isolating, but you don’t have to go through it alone. At Bust My Ticket, our DUI lawyers can review the details of your case, identify potential weaknesses or limitations in the prosecution’s argument, and fight for the best possible outcome. You can trust us to help keep your record spotless and enhance your peace of mind as a driver.
If you’re ready to explore your options after a DUI, contact us now at (323) 530-1688 to start building your defense.