What is the best defense against a DUI?
The top 10 legal defenses to driving while intoxicated (“DUI”) charges fall into three categories. These are that:
- You can fight DUI charges by arguing that you were merely driving erratically or poorly–but NOT driving under the influence. This defense is especially helpful with charges that you were “driving under the influence” under Vehicle Code 23152(a) VC.
- The National Highway Traffic Safety Administration (NHTSA) says that cues based on driving patterns are predictive of drunk/drugged driving only 35% of the time.
- Your physical appearance plays a big role in your DUI investigation.
As any experienced DUI attorney can tell you, an arrest does not have to mean a conviction. You can avoid life-changing drunk driving penalties–including hefty fines and a driver’s license suspension–by fighting charges with a strong defense strategy.
One of the first things prosecutors focus on is your driving pattern. They routinely have the arresting officer testify that you were driving in a manner “consistent with” someone who was under the influence of alcohol or drugs. Often, this so-called “pattern” includes allegations that you were speeding or weaving within your lane.
We rebut this evidence by having the officer testify about all of the ways that you drove properly and safely.
Even the National District Attorneys Association admits that driving behaviors are sometimes “quite nuanced.”
Example: Tony accidentally serves between lanes while scratching his ankle. Police pull him over and arrest him for DUI even though he had only one drink that night.
Tony’s attorney gets the officer to admit that he was driving within the speed limit, pulled over as directed, parked without difficulty, and otherwise was driving with “the caution characteristic of a sober person.”
The attorney also gets the officer to admit that sober people often drift into other lanes for reasons having nothing to do with drug or alcohol consumption. This defense to Tony’s charges leads to a “not guilty” verdict.
Using Form 5.2.5, an officer can simply “check off” that you displayed these signs / symptoms, without further elaboration.
We defend you against DUI charges by addressing the “innocent” explanations that could have led to those signs. For instance, are all common causes of red eyes.
Experienced DUI defense attorneys know that “the smell of alcohol on your breath” does not necessarily mean you drank alcohol.
We also elicit testimony that alcohol has no odor. What people perceive as alcohol on the breath is actually alcohol-free mouthwash.
What is the best outcome in a DUI case?
If you’re looking to learn “how to beat DUI” charges, grasp the actionable tactics and legal insights this article presents. Here, we cut through the confusion and identify the key elements that could turn the tide in your favor – without the complexity or fluff. Embark on your “how to beat DUI” defense journey with us, starting with understanding the legal stops, questioning testing procedures, and unveiling what lies in the art of DUI negotiation.
Let’s begin by dissecting the DUI stop. For a police officer to make a lawful DUI stop, they must have a reasonable suspicion that a traffic violation or crime has taken place. This suspicion can be based on erratic driving, physical signs of impairment, or admissions by the driver.
However, what if the stop is made without reasonable suspicion? This is where the Fourth Amendment comes into play, protecting individuals from unlawful searches and seizures, including stops made without reasonable suspicion. If evidence is obtained from a traffic stop made without reasonable suspicion, such evidence can be contested in court, potentially leading to the dismissal of charges.
When dissecting a DUI arrest, it’s critical to scrutinize the police procedures used during the arrest. Law enforcement must have a concrete and reasonable suspicion to conduct a lawful traffic stop. Traffic stops based on non-specific reasoning or profiling, lacking reasonable suspicion, can lead to the suppression of evidence. Therefore, any errors made by the police during a DUI arrest can be potentially exploited by a DUI defense attorney in court.
Next, let’s delve into the traffic violation claim that led to the DUI stop. Traffic violations such as running a red light or failing to signal serve as legal justification for police officers to initiate a DUI stop. But what if the traffic violation claim is based solely on arbitrary factors such as vehicle type, neighborhood, or time of night? These factors may not provide reasonable suspicion. Therefore, contesting the legitimacy of the traffic violation claim can be a viable strategy in beating a DUI case.
Now, let’s turn our attention towards breath tests. A common tool used in DUI arrests is the breathalyzer, which measures the Blood Alcohol Content (BAC). However, the accuracy of these devices can be questionable. Breathalyzer error rates range from .005 to .02%, which can significantly affect the results. A margin of error in breathalyzer results can lead to a BAC reading below the legal limit, providing grounds to contest the test’s outcome.
Furthermore, inaccuracies in breathalyzer RFI detectors and their failure to detect certain frequency ranges can result in faulty BAC readings. Therefore, challenging the validity of breath test results can be a critical part of your defense strategy.
One of the grounds on which breath test results can be challenged is by inspecting the calibration and maintenance records of the breath testing device. Breathalyzers require regular calibration and
How much does a DUI lawyer cost in California?
Between fines, court costs, DUI school, DMV fees, increased car insurance premiums, and attorney fees (if you hire a private attorney), a DUI in California can run you from $8000.00 to $25,000.00 out of pocket. However, the net cost will likely be much lower if you successfully fight the charge and avoid a conviction.
In general, the costs for a first-time DUI breakdown are as follows:
Fines | $390 to $1,000 |
Court Costs | $1,800 to $2,400 |
DUI School | $500 to $1,800 |
DMV Fees | $125 |
Increased Car Insurance Premiums | Approx. $4,500 |
Attorney Fees | $3,000 to $15,000 |
This amount can increase if your DUI:
- Resulted in an accident, injury, or death
- Involved a high blood alcohol content
- Was a second or subsequent offense
Note that California does provide financial assistance for individuals who cannot afford DUI program fees.
Is it worth getting a DUI lawyer in California?
A DUI lawyer can help you avoid jail time. One reason why getting a DUI lawyer is worth is because they may be able to help you avoid jail time. In some cases, a good lawyer can get the charges against you reduced or even dismissed. If this happens, you will likely not have to serve any jail time.
What is the best case for a DUI?
THE BEST DUI DEFENSES
1
Suspect Not Given Opportunity to Contact an Attorney during the DUI Investigation. …
2
Breath Alcohol Testing Can Be Inaccurate. …
3
Illegal Stop of Person or Vehicle. …
4
Field Sobriety Test is Inaccurate or Invalid. …
5
No Evidence of Suspect Driving Vehicle or Being in Actual Physical Control.