DEFENSES TO DUI
If you've been arrested for DUI, it is imperative that you mount a strong defense to avoid life altering penalties. The following are a few of the most common DUI defenses:
Driving Wasn't Impaired. One common defense to DUI is that your driving was not impaired. If you committed a traffic violation that a sober person would commit, your attorney should consider using this defense. If, for example, you were pulled over for speeding on the highway, your defense attorney should elicit testimony from the police officer that most people that he pulls over for speeding are sober and that you pulled over as directed without difficulty. To speak to an attorney about using lack of impairment as a defense, call us now at (213) 493-6593.
Lack of Intoxication. Another common defense to DUI is that you were not intoxicated past the legal limit. There are a number of ways to attack the state's evidence that you were intoxicated, including:
– Alternative explanations for the "objective signs of intoxication." Law enforcement uses a list of "objective signs of intoxication," which include red watery eyes, flushed cheeks, slurred speech, the odor of alcohol on your breath, and unsteady gait. Many of these "objective signs of intoxication" can be explained by allergies, fatigue, eye irritation, lack of coordination, or illness. Call us at (213) 377-6102 to speak to one of our attorneys.
– Field Sobriety Tests didn't accurately measure whether you were impaired. Before you are arrested for DUI, the police will typically have you perform Field Sobriety Tests, which the prosecutor then relies upon as proof that you are guilty of DUI. These Field Sobriety Tests include the Walk-and-Turn Test, the One-Legged Stand, and the Horizontal Gaze Nystagmus Test. There are many reasons why someone who was not intoxicated could do poorly on these tests, such as poor balance, flat feet, nerves, uncomfortable clothing, and medical conditions. Call us now at (213) 377-6102 for a free consultation with one of our attorneys.
– Rising BAC. To prove that you're guilty of DUI, the prosecution will have to show that you were intoxicated at the time that you were driving. If you drank shortly before getting in the car you may have been under the legal limit while driving, but by the time that the police got you to the station and administered the breathalyzer, the alcohol had "kicked in." Your defense attorney should argue that the BAC results do not prove that you were intoxicated while you were driving. Call us now at (213) 377-6102 to talk to one of our attorneys.
Accident Wasn't Your Fault. If you are charged with a DUI that includes causing injuries to another person, your DUI defense attorney may argue that the accident was not your fault. For example, if you rear-ended someone who cut you off on the highway, your defense attorney should argue that the accident was caused by the other person's bad driving. Successfully making this argument can make all the difference between facing misdemeanor probation and facing prison time. Call us now at (213) 377-6102 to speak to an attorney about using this defense.
Officer Failed to Follow Procedures. One of the first things that your attorney should do is determine whether the police failed to properly follow any of the required procedures, such as conducting a 15 minute observation period before administering the breath test and ensuring that the machine was properly calibrated. Call us now at (213) 377-6102 for a free consultation.