Being arrested for DUI is a serious charge in California, but experienced DUI attorneys can use several defenses to challenge the charges. Whether questioning the validity of the arrest or disputing the results of sobriety tests, the defense team can help reduce or eliminate penalties. A DUI conviction can lead to harsh consequences like license suspension, hefty fines, or even jail time.
The key to defending against a DUI arrest is knowing the legal process and building a strong case. This includes examining the arrest procedure, reviewing evidence, and using legal strategies to fight the charges. Working with a skilled DUI attorney is critical in achieving the best possible outcome in a DUI case.
At Perlman & Cohen, our experienced DUI attorney carefully examines every aspect of a DUI case to find the best defense strategy. We look at how the traffic stop occurred and whether the sobriety tests were properly conducted. Our team works to challenge any part of the DUI arrest, including traffic violations, that could be used to dismiss or reduce charges.
With a focus on protecting your rights, we aim to minimize penalties and work to prevent a conviction wherever possible. Contact our criminal defense attorney to schedule a free case consultation.
A DUI in California refers to driving under the influence of alcohol, drugs, or any substance that impairs your ability to operate a vehicle. DUI charges occur when your blood alcohol content (BAC) exceeds the legal limit of 0.08%.
Even if you're slightly under the limit, you can still face DUI charges if your driving is noticeably impaired. Drunk driving is a serious offense with major legal consequences. California law has strict penalties to discourage driving under the influence.
DUI conviction penalties in California vary depending on whether it’s your first offense or if you have previous DUI charges. Penalties for first-time offenders include fines, mandatory DUI education programs, and license suspension.
If convicted again, the consequences worsen, possibly leading to longer license suspensions, larger fines, and mandatory jail time. Repeat offenses are taken seriously and may result in felony charges. These penalties act as strong deterrents aimed at preventing repeat DUI offenses.
One defense against DUI charges is challenging the traffic stop itself. Law enforcement officers must have acceptable cause to pull you over, such as noticing a traffic violation or erratic driving.
If the officer has no valid reason to pull you over, then the traffic stop is not legally justified. What does probable cause look like?
In DUI cases, probable cause means the officer must have had a valid reason to suspect you were driving under the influence. This could include observing erratic driving, swerving, or running red lights. The officer needs to observe specific behavior from the driver, such as erratic driving, to justify initiating a traffic stop.
Without probable cause, the DUI charges may be challenged. A lack of probable cause means that all evidence from the traffic stop is invalid. This could sink the prosecution's case. Your defense lawyer must investigate whether the officer had enough justification to stop you and begin the DUI investigation.
If the police officer does not have any or lacked a valid reason for pulling you over, this could be grounds for getting your DUI charges dismissed. Drunk driving charges often stem from traffic stops that are later questioned in court.
A DUI defense lawyer can contend that the officer had no reasonable suspicion to initiate the stop, weakening the prosecution's case. Proving this can result in the dismissal of the DUI case entirely.
When there’s no probable cause for the traffic stop, a strong defense strategy is to file a motion to dismiss the case. The defense lawyer will challenge whether the officer had a legal basis to pull you over for suspected drunk driving.
If the court finds the traffic stop unlawful, the DUI charges might be dropped. This can happen before trial, saving you from further legal penalties for a DUI conviction.
Field sobriety and breathalyzer tests are often used to determine if a driver is under the influence. However, these tests are not always reliable. Issues associated with the breathalyzer machine can create opportunities for DUI defenses. Factors such as fatigue, medical conditions, or even certain medications can affect the results of field sobriety tests.
Similarly, breathalyzer devices need to be properly calibrated and maintained. If they aren’t, the results may be inaccurate. Your DUI defense attorney can challenge the validity of these tests, which can significantly weaken the prosecution's case.
Fatigue, illness, or other medical conditions can greatly affect field sobriety test results. For example, a person who is tired or has balance issues may fail a balance-based test.
A drunk driving defense attorney can argue that your poor performance on these tests resulted from factors unrelated to alcohol. This can help your attorney prove that the test results were unreliable and that you weren't impaired at the time of the DUI arrest.
Breathalyzer devices must be properly calibrated to provide accurate readings. The results could be inaccurate if the device used during your traffic stop wasn’t calibrated. A DUI defense lawyer will investigate whether the breathalyzer was properly maintained and operated according to procedures.
If the operation was error-prone, the breath test results could be questioned and potentially excluded from evidence.
Your defense lawyer can introduce evidence that proves the field sobriety and breathalyzer tests were unreliable. This may include expert testimony, proof of medical conditions, or records showing that the testing equipment was not properly maintained.
If successful, this evidence can lead to the dismissal of key evidence in your DUI case, greatly increasing your chances of avoiding a conviction.
Chemical tests, such as blood or urine tests, are often used to determine if a driver is under the influence.
However, these tests are not infallible and can be challenged in court. If there were errors in how the tests were conducted or how the samples were handled, the results may be thrown out. This is a vital defense strategy in a DUI case.
Chemical test results must be valid only if the chain of custody is carefully maintained. This means that the samples must be handled and stored properly from the moment they are collected until they are tested.
If gaps exist in the chain of custody, your defense attorney can argue that the samples may have been tampered with or contaminated. This can result in excluding the chemical test results from your DUI case.
The test results may be inaccurate if the blood or urine samples are contaminated or mislabeled. Your DUI defense lawyer can challenge the procedures used to collect and store the samples. The results may be unreliable if the equipment used during your traffic stop wasn’t accurately adjusted.
The accuracy of chemical test results depends on the procedures used to test the samples. The results may be flawed if the lab technicians didn’t follow proper procedures. Your attorney will thoroughly review the lab's processes and can question the reliability of the test results if any mistakes were made.
Showing the chemical tests are unreliable or inaccurate can be highly effective in challenging DUI charges.
A skilled DUI lawyer can be essential in building a strong defense for your case. They will thoroughly examine the details of your DUI arrest to identify weaknesses in the prosecution's case. This includes evaluating the legitimacy of the traffic stop, the accuracy of sobriety tests, and the handling of chemical evidence.
A DUI defense attorney can also introduce evidence that backs up your version of events, helping to challenge the charges against you. With an experienced lawyer at Perlman & Cohen, you stand a better chance of reducing penalties or having charges dismissed altogether.
Remember, law enforcement officers play a critical role in DUI cases, from the initial traffic stop to administering sobriety tests. The arresting officer must have had a legitimate reason for pulling you over, such as suspecting you exceeded the legal limit. If any part of the process was mishandled, it can be grounds to challenge the DUI charge.
At Perlman & Cohen, we offer a free case consultation and diligently review every detail of your case. We always ensure the law enforcement officer follows proper procedures during the arrest. This can be key to building your defense.
If you're facing DUI charges, getting legal help immediately is essential. Our experienced DUI attorneys know how to build a strong defense for DUI cases. Contact us today, and let's discuss every detail of your DUI arrest.
