The best defense against DUI charges is to challenge the notion that the driver has “passed” or “failed” the test. You can fight DUI charges by arguing that you were simply driving erratically or poorly, but that you were NOT driving under the influence of alcohol. This superior DUI defense is especially helpful with charges that you were “driving under the influence” under Vehicle Code 23152 (a) VC. A knowledgeable DUI attorney can defend you against DUI charges, including charges VC 23152 (a), by addressing “innocent explanations” that could have led to those signs.
Falsely high BAC results may also be the basis for successful legal defense of DUI charges, particularly charges that the defendant drove with a BAC of 0.08 or higher under Vehicle Code 23152 (b) VC. Title 17 Violations in the Administration of DUI Blood Tests Can Be Used to Combat DUI Charges. If Title 17 regulations are not strictly adhered to, the results of your breath test or DUI blood test could be contaminated. An experienced DUI defense attorney can use breach of a single regulation to challenge your entire DUI investigation and successfully defend against DUI charges.
Medically knowledgeable DUI defense lawyers know that medical conditions such as diabetes and certain popular diets can form the basis of a successful defense to Vehicle Code 23152 (a) or 23152 (b) DUI charges. The fact that police do not follow proper procedures is a powerful defense against California charges VC 23152, as it is against charges of many other crimes. If a person has a legal prescription for Xanax, it is legal for him to drive after taking the medication, if it is taken as a medication. However, it is illegal under California Vehicle Code 23152 (f) for a motorist to drive under the influence of drugs.
When police don't use proper arrest procedures, they can sometimes provide you with a good defense to a DUI charge. Defenses related to arrest procedures generally involve arguing that, because the police did not follow the law when arresting or arresting you, the judge must discard certain evidence. A DWI is a felony and can lead to fines and jail or imprisonment. A DWI can result in a criminal record and create the risk that a person will become a repeat offender for later detentions.
That said, not all drunk driving prosecutions result in guilty verdicts for a variety of reasons. I've created a massive list of DUI and DWI defense strategies that could lead to not guilty verdicts or outright dismissals. A Good DWI Defense Attorney Will Analyze The Deadlines That Are Part Of The Case. The longer a person is detained before providing a breath or blood test sample, the sample will not be obtained close to the operation of the vehicle of the person suspected of driving while intoxicated.
A person's blood alcohol level will have increased during that period of time, decreased during that period of time, or have risen and then started to fall. All this depends on a number of factors. The closer the sample is taken to the time when the suspected drunk driver was operating the vehicle, the more accurate the sample will be. Coercion can be a defense of DWI if the person is operating the vehicle to prevent serious injury or death and it must be interrupted by the defense to be considered.
Both the prosecutor and the defense must disclose their expert witnesses so that opposing party knows their opinion or opinions of their expert witness. It is important for a good DWI defense that the defense attorney has an idea of what the prosecutor's expert witness believes. Failure to disclose an expert, if objected, could result in the judge not allowing them to testify. These images must be made available to the defense and as part of a good DWI defense strategy, a good lawyer will look at dash cam footage for inaccuracies between it and report.
The officer must act legally and have an articulable reason to stop a vehicle and there must be articulable facts to support arrest of person subsequently accused of driving while intoxicated. Necessity is an odd defense to DWI but one that can be used if person accused was operating vehicle to prevent something more serious and more harmful from happening.