Were you arrested for DUI, or was someone close to you arrested for a DUI crime?
First of all, we need to talk about your feelings for a second.
If you’ve been arrested for DUI, you’re probably embarrassed or embarrassed, maybe a little angry, but most of all, you want to know what to do, what can be done, what you’re up against, and if you even have a chance. fighting a DUI case. I am hoping to dispel some myths about DUI defense and also let you know what can and cannot be done with a DUI case.
Can you fight a DUI?
DUI defenses are generally divided into categories of defense types. The best results are obtained when you leave no stone unturned in creating defenses for a DUI case. It’s generally not a good idea to “pick a” defense and go aggressively for that defense. The best tactic for defending DUI cases comes when you carefully review all the evidence, line by line, and come up with a strategy.
- Force the prosecutor to prove that he was driving. Intoxication is not enough: the prosecution must also prove that he was driving. This can be difficult if, as in the case of some accidents, the police arrive after the scene and there is no actual driver present.
- Force the prosecutor to prove probable cause. Evidence can be, and will be suppressed, if the officer had no legal cause to (a) stop, (b) stop, and (c) arrest. DUI checkpoints and sobriety roadblocks in particular present many defenses to a DUI, but police often pull over someone for a non-driving-related offense and then use it as a pretext to fill in the blanks. with a probable cause. The jurisprudence could not be clearer in many cases: this is neither allowed nor appropriate.
- Do not give Miranda warnings. Incriminating statements can be suppressed if the warnings were not given at the appropriate time.
- Implied Consent Warning Defenses. If the officer did not inform you of the consequences of refusing to take a chemical test, or gave it incorrectly, this may invalidate the DMV license suspension based on the refusal to provide a breath / blood sample.
- Force the prosecutor to show that he was under the influence. Officers’ observations and opinions regarding intoxication may be questioned … the circumstances under which field sobriety tests were performed, for example, or the subjective (and biased) nature of what the officer considers to fail . Witnesses, including waiters or waiters, may also testify that you appeared to be sober.
- Breathalyzer tests of the defenses. There is a wide range of potential problems with breath tests. Most breathing machines will record many chemical compounds found in human breath as alcohol. The temperature and even the murmur pattern can cause the breath reading to fluctuate wildly from normal. And breathing machines assume a 2,100-to-1 ratio to convert breath alcohol to blood alcohol; in fact, this ratio varies greatly from person to person (and within person from moment to moment). Radio frequency interference can result in inaccurate readings. These and other defects in the analysis can be detected by obtaining the maintenance and calibration records of the machine, or in cross-examination by the expert witness of the state and / or the defense you can hire your own forensic chemist.
- Blood alcohol test defenses. There is a wide range of problems with blood tests, too, including the California requirement that alcohol swabs not be used, that the person drawing blood be a licensed phlebotomist (not just a police officer), that the blood vial has a certain percentage of preservatives and anticoagulants, that the blood is available for retesting, that the blood is not exposed to bacteria (in the air or otherwise), that the blood test machine is maintained and gauge, that the blood is homogenized, that the vial follows a chain of custody, and that the blood is drawn within three hours of driving.
- Medical Issues – Being diabetic, following Atkins-related diets, being a person with acid reflux, eye, knee, neurological or other physical defects, or taking medication can often lead to a false positive conclusion that someone was under the influence.
- Tests during the absorption phase. The blood, breath or urine test will not be reliable if done while you are still actively absorbing alcohol (takes 30 minutes to three hours to complete absorption; this may be delayed if food is present in the stomach). Therefore, drinking “one for the road” can cause wildly inaccurate test results.
- Retrograde extrapolation. This refers to the requirement that the BAC be “related” in time from test to driving. A number of complex physiological assumptions are made with back extrapolation and generally involve bad science.
- Regulation of blood alcohol testing. The prosecution must prove that the blood, breath, or urine test met state requirements for calibration, maintenance, etc., and a machine is often found to have mechanical problems or faulty tests, making the test excludable and sometimes ruling out the entire case.
- License suspension hearings. A number of issues can be raised in the context of an administrative hearing before the states department of motor vehicles, including officer errors.
The thing is, most of your friends don’t even know everything about the scientific problems involved. Usually they just urge you to plead guilty. Even most attorneys are unaware of the complex issues and defenses involved in a DUI case.
However, a qualified DUI attorney can review the case for defects, suppress evidence, compel discovery of such things as breathing machine calibration and maintenance records, independently analyze blood samples, negotiate a lesser charge. or a reduced sentence, obtain expert witnesses for trial, contest the administrative license suspension, and handle a DUI trial with the best chance of success.
A good DUI attorney can also help you by handling the DMV hearing, which you must request within 10 days of your arrest, keeping your license, and can minimize the impact on you of a DUI. In almost all cases, we can appear in court for you, without taking time off and experiencing the embarrassment of the court process. We may ask the court to minimize the fees and other penalties in your case, even if your case is not dismissed or reduced.
A DUI can stay on your driving record for life and also leaves a criminal record (depending on how it was filed, a DUI is either a misdemeanor or a felony). It can expose you to jail time, hefty court fines, expensive and inconvenient alcohol schools, and a huge insurance boost that lasts for years, so in almost every case it’s worth fighting the charges to avoid potential conviction. (which stays on your registry for life in California), and so you never have to wonder * what if * years later.
