DUI Defenses

You do not have to settle for walking into a court room and pleading guilty to a DUI charge. If you haven’t had your case evaluated, you need to contact me immediately. I will inform you of the possible defenses that are specific to your case. We will review the facts together. I will take the time to make sure that your options are explained to you, all while making the process less confusing.

Right now, you may be wondering “What defenses are available for my case?” You need to ask:

Was I driving?
When charged with driving under the influence, the prosecutor must prove that you were in fact driving. Intoxication is not enough to warrant a DUI conviction. Most drivers readily admit that they were driving when they are questioned by the arresting officer, despite the fact that they have the right to remain silent. However, if you did not admit to driving, it would be difficult for a prosecutor to prove you were operating the vehicle without testimony from witnesses. If you weren’t driving, you should not have been charged with DUI.

Was I informed of my Miranda Rights?
If the officer does not give appropriate warning, and you answered questions, any incriminating statements may be suppressed. This means that anything you said may be inadmissible in court and can lead to lesser penalties.

Were the officer’s observations correct?
You can question the officer’s judgment. Just because the officer believed you were “under the influence” does not mean that they are correct. You have the right to question the circumstances under which the field sobriety tests were given. An officer may deem that you “failed” the tests, but that is subject to examination. Also, witnesses can testify that you appeared to be sober at the time and contradict the officer’s assessment. I can review your case to see if the officer made a mistake.

Did the officer have a reason to stop me?
Evidence can be suppressed if the officer did not have legal cause for stopping, detaining, and arresting you. This is called having probable cause.

Were my Blood Alcohol Concentration (BAC) test results correct?
Blood, breath, and urine testing can present a wide array of problems. For instance, breath machines, known as breathalyzers, can be defective if they are not properly operated, maintained, and calibrated. The prosecution must prove that these tests complied with state requirements. Breath machines can be subject to interference by, for example, frequency from an officer’s radio. This can lead to inaccurate readings. The simplest things can throw off the accuracy of these tests, which is why the conditions, results, and people giving these tests must always be questioned.

Was I tested during the “Absorptive Phase”?
Testing during the absorptive phase can lead to inaccurate test results. Blood, breath, and urine tests will be unreliable if they are administered while you are still absorbing alcohol. It takes approximately 45 minutes to 3 hours for alcohol to completely absorb. If you are tested prior to the end of the absorptive phase, your test result may read 1.0% when you were actually at .06% while driving.

Was I informed of the consequences for not taking the chemical test?
If the officer did not inform you of the consequences involved in refusing to take a chemical test, or if they gave you the warnings incorrectly, it could affect the admissibility of test results.

You have the right to make fully informed decisions, and the decisions you make should involve my advice. My expertise and years of fighting DUI charges successfully are what you need to win your case.

Contact us about your Los Angeles DUI today!