What Are the Defenses Against DUI Charges?

Have you ever been charged with a DUI? Then you know how much of an uphill battle it is in California. From license suspension to traffic violation points on your record that raise insurance rates, the consequences may be dire.

Still, you don’t have to face it alone. With the right defense strategy, you can challenge the prosecution’s case and potentially have your charges reduced or dismissed. Although many DWI/DUI cases end in a verdict, there are ways to avoid it with a thought-through defense approach. Whether you’re dealing with a DWI defense case or a state DUI charge, understanding your legal options is crucial.

DUI laws are complex, but there are several defense strategies that a skilled attorney utilizes. These common defenses focus on improper police procedures, unreliable testing methods, and violations of constitutional rights. While they may seem far-fetched, many sentences were avoided due to these aspects. Oftentimes police officers neglect procedural requirements, creating a weak spot in their offense.

Below, we’ll explore some of the most successful legal defenses that could help you fight the charges. Entrust My Rights Law with your case, and let us protect your rights.

Challenging the Traffic Stop

Many DUI cases involve arrests that were done wrongly. Factors that weaken the police’s stance include lack of probable cause for the stop, disregard for details during it, and others. Let’s take a look at the most common steps where officers stumble.

Unlawful Stop

One of the strongest DUI defense strategies is questioning whether the traffic stop was legally justified. Police officers must have probable cause to stop your vehicle, meaning they need a valid reason, such as speeding, swerving, or running a red light. 

If law enforcement pulled you over without reasonable suspicion, any evidence gathered after the stop could be ruled inadmissible in court. This even includes breathalyzer results. Therefore, the prosecution may no longer have the necessary proof to convict you.

Improper Procedure

During a DUI traffic arrest, police must follow strict protocols, even if the stop was legal. The foundation of a defense strategy may be an officer’s illegal search, failure to read your Miranda rights, or making you sobriety tests without adequate instruction.

Furthermore, it may be contested if an officer stopped you based on suspicion rather than actual facts, such as thinking you were drunk just because you had left a bar.

Questioning the Field Sobriety Tests

Besides focusing on the officer’s actions, you can also question the field sobriety checks. Many of them don’t get administered properly, aren’t calibrated regularly, or simply fail. Let’s see how this can be leveraged.

Accuracy of Tests

Field Sobriety Tests (FSTs) are commonly used to assess impairment, but they are far from perfect. These rely on physical coordination, balance, and an officer’s subjective judgment. However, all of these can be affected by factors unrelated to driving under the influence.

Medical conditions like vertigo, neurological disorders, or injuries can cause a sober person to fail an FST. Likewise, poor weather conditions, uneven roads, or even the shoes you were wearing can impact your performance. A DUI defense attorney can argue that these factors made the results unreliable.

Officer Training and Administration

FSTs must be administered in a standardized manner. If the officer did not follow correct protocols or lacked proper training, the results could be challenged in court. Video footage from body cameras or dashcams can sometimes reveal procedural mistakes that weaken the prosecution’s case.

Contesting Breathalyzer and Chemical Test Results

Breathalyzer false positive result is one of the most common reasons for DUI convictions. However, it is possible to challenge them. Let’s see how: 

Accuracy of Equipment

Many believe that breathalyzer devices are conclusive proof of intoxication, but they are not foolproof. These machines require regular calibration and maintenance to produce accurate readings. If the breathalyzer used in your case was not properly serviced or had a history of malfunctions, your attorney can challenge the reliability of your breath results.

Testing Procedures

Beyond equipment issues, the way a breath or blood examination is administered can also affect accuracy. Mishandling of blood samples, allowing them to contact other substances, or failure to follow proper examination procedures can all result in unreliable results. If these errors are present in your case, they can be used as part of your DUI defense strategy.

Medical Conditions and Other Factors

Certain medical conditions can lead to false positives on a breathalyzer. For example:

• Acid reflux or GERD can cause alcohol from the stomach to enter the mouth, inflating breath test results.
• Diabetes can cause the body to produce acetone, which some breathalyzers mistake for alcohol.
• Ketogenic diets or fasting can also produce chemicals that mimic the presence of alcohol in breath.

If you have any of these conditions, your attorney may use them as part of an impaired driving defense.

Challenging the DUI Charge Based on Impairment

Many DUI cases end in a sentence simply because the officer believes the driver is impaired (which is a necessary aspect of such a case). However, in many cases, it is either false or impossible to prove. Here are the main scenarios:

Lack of Impairment Evidence

In a DWI defense case, the prosecution must prove beyond a reasonable doubt that you were actually impaired while driving. However, many behaviors that police associate with intoxication – such as slurred speech or unsteady movements – could be caused by fatigue, stress, or prescription medication.

Alternative Explanations for Behavior

Officers may assume that you were intoxicated simply because you exhibited certain behaviors. However, there are often alternative explanations, including:

• Lack of sleep
• Allergies or sinus infections
• Low blood sugar
• Anxiety or panic attacks

A strong DUI defense case can present medical or expert testimony to challenge the assumption that you were impaired.

Addressing Procedural Errors and Rights Violations

Although DUI arrest procedures are standardized, many officers fail to adhere to them. When it occurs, this slip can be raised and used against the prosecution in court:

Violation of Constitutional Rights

Law enforcement officers must follow specific legal procedures when conducting DUI arrests. If your rights were violated—such as being denied access to an attorney or being coerced into making a confession—the evidence against you may be thrown out.

A criminal defense lawyer will examine whether any of your constitutional rights were infringed upon and use this information to defend yourself in court.

Chain of Custody Issues

For blood and urine examination to be admissible in court, it must be handled correctly at every stage. If there was any break in the chain of custody – such as improper storage, mislabeling, or contamination – the reliability of the evidence can be challenged.

These procedural errors are often overlooked, but they can make a huge difference. Use them to defend yourself and your rights.

Exploring Plea Bargains and Alternative Sentencing

Counterintuitive as it may sound, not all judges and juries want to put you in jail. Many simply want convicts to become better and benefit the community. Perhaps a less serious punishment can help a DUI offender change their ways. Let’s see how this view can be used to get sentencing, different from fines and jail time:

Plea Bargains

If the prosecution has a strong case against you, negotiating a plea bargain may be your best option. A plea deal could allow you to plead guilty to a lesser charge, such as reckless driving, in exchange for reduced penalties.

A skilled criminal defense attorney will negotiate with the prosecution to seek the best possible outcome for you.

Alternative Sentencing Options

Even if a conviction is likely, alternative sentencing options can help you avoid jail time and reduce the long-term impact of a DUI conviction. These options may include:

• DUI diversion programs
• Community service
• Ignition interlock device installation
• Alcohol treatment programs

Additionally, courts look favorably on defendants who take proactive steps to address the underlying issues that led to their defense strategy. They help show that you are aware of your wrongdoing and are ready to right your wrongs. Moreover, they help set a nice example in the community. 

Seeking Legal Assistance

A DUI defense case requires a thorough understanding of state DUI laws, forensic science, and courtroom procedures. Having a qualified DUI attorney on your side can make a significant difference in your case.

An experienced lawyer will:

• Investigate whether the police had probable cause to stop you.
• Challenge the accuracy of your breath or chemical test results.
• Identify violations of your constitutional rights.

Explore all the circumstances of the arrest.

• Present successful defenses based on medical or procedural errors.

At My Rights Law, we specialize in DUI defense and work tirelessly to protect our clients from harsh penalties. If you’ve been charged with a DUI, don’t face the legal system alone.

Find a lawyer who knows how to build a DUI protection strategy for you and your case. My Rights Law hires only the lawyers we would entrust with our own freedom and rights. Each of them has brilliant education, expertise, and experience, allowing them to build superior defense strategies for any case.

📞 Contact us today at (888) 702-8845 for a free consultation, and let’s start working on your defense immediately.