Drivers who are facing a DUI charge for the first time in California have a better chance of having their charges dropped than those who have been convicted of DUI before. However, to reduce the DUI charge to reckless driving or have it dismissed altogether, a strong defense must be presented under the new laws. For example, Tony's DUI defense lawyer was able to get the officer to admit that Tony was driving within the speed limit, stopped as directed, parked without difficulty, and drove with “the characteristic caution of a sober person”. This defense led to a “not guilty of DUI” verdict.Your physical appearance can also play an important role in your DUI defense.
The officer who arrested you for DUI will likely testify that he believed you were “under the influence” due to your appearance. The officer must also make sure that he does not burp, hiccup, or regurgitate during the arrest. Doing either of these things could bring alcohol from the stomach to the mouth, creating the phenomenon known as “residual alcohol in the mouth” which is often used as a defense against DUI charges.For example, Sheila admits to her DUI defense attorney that she had drank wine with dinner before her DUI arrest. She also says that the food was unusually rich and that she suffers from gastroesophageal reflux disease (GERD).
The food triggered an episode of acid reflux which caused her to belch repeatedly while the officer administered her breath test for DUI. However, during cross-examination, Tim's DUI defense lawyer was able to get the officer to admit that the 15-minute period took place during the trip to the station and that he could not have seen Tim burp, hiccup, or regurgitate which could have inflated his BAC results.When Sheila was stopped by a local sheriff due to a burned taillight, the officer smelled alcohol on her breath. After finding something that justified further arrest, California's DUI investigation began including field sobriety tests. If you suspect you are driving while drunk or high, you can look for possible signs of intoxication such as red or bloodshot eyes, redness of the face, difficulty speaking, or other signs called targets of poisoning.
However, these may be symptoms of other problems not related to intoxication such as medicines, fatigue, allergies, dust, eye irritation and many other innocent causes.If you or someone you know has recently been arrested and charged with drunk driving, it is important to contact a highly qualified California DUI defense attorney immediately. A criminal conviction for DUI can result in a criminal record with long-term consequences so it is definitely worth fighting a DUI when your future is at stake. Inaccurate BAC breathalyzer tests, police errors, medical conditions and dozens of other defenses can be used to fight a DUI and have charges dropped or reduced.For example, Rick's DUI lawyer was able to convince the jury that Title 17 violations could have invalidated Rick's 0.10% result and that he should be found not guilty of DUI. He had also had a couple of Coronas and several non-alcoholic beers throughout the day which explained the smell on his breath but it wasn't enough alcohol to leave him “under the influence” according to California's DUI law.If you are facing a DUI charge in California or any other state it is important to call (3) 971-9045 to meet with an experienced attorney who can handle the complex task of defending you against a DUI charge.
While laws vary by state legal defenses can be used to fight a DUI charge in every state including California.During cross-examination conducted by Rick's DUI defense lawyer, the criminalist was forced to admit that the preservative contained in the vial used to collect and store his blood sample had expired and that the arresting officer did not shake or store it properly which are both violations of Title 17.If there is no reasonable suspicion or probable cause for arrest your Newport Beach DUI lawyer may file a motion to suppress evidence which would exclude any evidence obtained by unlawful search.The prosecution may also use refusal as evidence against you in trial on your DUI charge so it is important to understand Title 17 of California Code of Regulations (Title 1 Sections 1215-1221) which defines many specific requirements for blood alcohol testing. For example Lucy's lawyer was able to negotiate a plea deal for her reduced charge of “wet recklessness”.Even when BAC tests run smoothly experts agree that chemical tests have an error rate between 0.01% and 0.03%. Expert DUI lawyers have many ways to get out of a DUI or DWI by identifying reasonable doubts or legal flaws in evidence needed for conviction under VC 23152 (a). An expert lawyer and witness can establish that someone who did not show signs of mental disability likely had some other explanation for physical signs resembling those of intoxication.When presented with this defense strategy the DA offered Becky and her lawyer a plea agreement for reduced charge of “dry recklessness”.
It is important to remember that even if you are found guilty of a lesser charge such as reckless driving it will still remain on your record so it is always worth fighting a DUI when your future is at stake.