Fighting Your California DUI Case
California DUI convictions come with steep punishments – including significant jail time and fines. Luckily, because of the subjective nature of the charge, there is a great deal of room for arguing against your charge.
Below we list some of the most common defenses used in defending against a California DUI charge.
Unlawful Traffic Stop
A police officer cannot pull you over without reasonable grounds to believe that a law has or is being violated. Thus, if you were not violating any law, you can challenge the traffic stop. Even if the officer claims you were weaving, this is not necessarily a traffic violation (i.e., there is no law that says you cannot weave within your own lane).
Field Sobriety Tests
An officer can only administer a breathalyzer or blood test when you fail the field sobriety test. Thus, if you can show that the field sobriety tests were inaccurate, then the results of the breathalyzer or blood test will not be allowed as evidence. Thankfully, there are many factors that can affect the results a field sobriety test. For example, illness, injury, medication, weather, wearing contact lenses, and even being obese can all affect your ability to successfully complete a field sobriety test.
Breathalyzer and Blood Test
You can even challenge the results of the breathalyzer. According to the law, all breathalyzer equipment must be properly stored and maintained. If these procedures are not followed, or if the equipment is out of date, then the results could be unstable and unreliable.
Likewise, blood alcohol test must also be administered following a specific set of rules and procedures. Failure to do so, either by the police officer or a medical professional, is grounds for keeping the results out of evidence.
Your California DUI Lawyer
These are just a few of the defenses available to you. However, the best defense you can have is a good California criminal defense attorney on your side. The Law Offices of Jonathan I. Kelman specialize in defending LA DUI charges. If you or a loved one is facing a DUI charge, seek the support of an attorney practicing only in criminal defense. Remember, when your future is on the line, call the Law Offices of Jonathan I. Kelman at 310.286.1218 for your free initial consultation.