Alhambra DUI Attorney

What are Possible DUI Defense Strategies?

The exact approach we use will depend on the specific circumstances of your case. Here are three general strategies that can be considered: 

Challenging the Legality of the Traffic Stop

A good place to start is determining whether law enforcement had a valid reason to stop your vehicle in the first place. Under the Fourth Amendment of the U.S. Constitution, individuals are protected against unreasonable searches and seizures, which extends to traffic stops. 

Police officers must have specific, articulable facts that justify their decision to conduct a stop—known as “probable cause.” This could include observing erratic driving, expired registration, or a visible equipment violation, such as a broken taillight or missing license plate.

If it can be demonstrated that the officer did not have probable cause to initiate the stop, any evidence obtained during the stop—such as the results of a breathalyzer test or a field sobriety test—could potentially be suppressed in court. Without access to this evidence, the prosecution’s case may weaken significantly, creating opportunities for dismissal or reduced charges.

Bust My Ticket can carefully review the circumstances leading up to the traffic stop, including dashcam footage, police reports, and officer testimonies, to identify any breaches of protocol or constitutional violations. This meticulous review process ensures that any procedural errors or unjustified actions by law enforcement are brought to light.

Challenging the Accuracy of Field Sobriety Tests

Field sobriety tests (FSTs) are often used by law enforcement to assess whether a driver is under the influence of alcohol or drugs. However, these tests are inherently subjective, relying heavily on the observations and interpretations of the officer administering them. This subjectivity could make it possible to challenge their accuracy and reliability in a DUI case.

Common field sobriety tests include the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg Stand. Each test requires specific physical and cognitive abilities to perform correctly. However, various factors unrelated to intoxication can affect performance. These include fatigue, anxiety, medical conditions, physical impairments, uneven surfaces, poor lighting, or even inappropriate footwear. For example, a person with inner ear issues or balance problems may struggle with a Walk-and-Turn test, independent of any alcohol consumption.

The team at Bust My Ticket understands these limitations, and we look for ways to effectively question the validity of FST results. Depending on the circumstances, we might argue that the officer failed to properly administer or explain the tests, that external conditions made performance difficult, or that your individual circumstances impacted your ability to comply. Additionally, we can look into examining officer training records and test administration reports to find inconsistencies or procedural errors.

The goal is to expose the flaws and unreliability of FSTs and weaken the prosecution’s case. We aim to showcase how the subjective nature of these tests makes them insufficient proof of intoxication without corroborative, irrefutable evidence.

Disputing Breathalyzer or Blood Test Results

Breathalyzer and blood tests are often considered the most concrete evidence in DUI cases, but their accuracy is not infallible either. Numerous technical and procedural factors can compromise their reliability, potentially allowing our attorneys to dispute their validity.

Proper maintenance and calibration are required for breathalyzers. California law mandates that these machines undergo regular testing to ensure they function properly. If a device is not calibrated or maintained according to protocol, its results could be deemed unreliable. 

Furthermore, external factors such as mouth alcohol—from substances like mouthwash or health conditions like acid reflux—can skew readings. We’ll investigate whether the specific device used in your case produced accurate results or was compromised due to these and other factors.

Strict standards govern how blood tests are collected, stored, and analyzed. Errors in labeling, contamination, or improper storage conditions—such as the failure to refrigerate—can degrade the sample and alter the results. The chain of custody is another critical area. If the sample’s handling cannot be fully accounted for or its integrity is subject to question in any way, its admissibility may be challenged in court.

Our office can meticulously review maintenance logs, procedural records, and lab documentation to identify errors or inconsistencies in the testing process.

Get a Free Consultation 

The DUI lawyers at Bust My Ticket believe that everyone deserves a vibrant criminal defense lawyer when they’re up against the system. Let us be the ones to defend your rights. We encourage prompt action in dealing with DUI charges as timely intervention can be crucial. Our attorneys are ready to provide personalized guidance and develop a defense strategy that’s as unique as your case. 

Call our Alhambra office at (323) 530-1688 or just use our online contact form to request a free consultation.