There are a number of defenses that arise in a drunk driving case. Below we have outlined some common arguments and defenses. Please remember that no two DUI cases are exactly the same. To get the best possible outcome in your case, you need to consult with a qualified DUI Defense Lawyer.
Is There a Rising Defense?
A rising defense occurs when it can be argued that you were under 08% at the time of driving. This means that even if your results were over .08% when the chemical test was completed, you may have been under .08% when you were actually driving. This is a scientific argument that is based off of how alcohol metabolizes in the system. To be successful an expert toxicologist usually presents a rising defense.
Was there Lack of Reasonable Suspicion to Stop?
Many people incorrectly assume that an officer must have probable cause to pull you over. That is untrue. It is actually a lower burden of reasonable suspicion. In most cases, the officer must observe a vehicle code violation in order to pull you over and conduct an investigation. Checkpoints are an exception, as an officer may legally stop vehicles without reasonable suspicion as long as they follow constitutional requirements. Digital and Audio Recordings can help to determine if the officer observed a vehicle code violation.
Was there Lack of Probable Cause to Arrest?
An officer must have probable cause to place you under arrest for suspicion of driving under the influence. If, for instance, you perform well on the Field Sobriety Tests and blow a PAS result of .05% or less, the officer may not have probable cause to arrest you for driving under the influence.
Were Proper Admonitions Read?
Admonitions are particularly important if you refused a chemical test. An officer must read a specific admonition that explains the consequences of refusing a chemical test. Officers must also advise you of your right to submit to a blood test even after you give a chemical breath test. The blood test allows you to retain a sample for later testing. Failure to give proper admonitions may provide a defense in your case.
Was the Blood or Breath Device Properly Calibrated and Maintained?
Blood and breath devices are required to be properly calibrated and maintained under California Law. Failure to maintain these machines can result in inaccuracies and thus make the devices unreliable.