Common California DUI Defenses
Sonoma County DUI attorney blog. Common California DUI defenses. Following an arrest on suspicion of driving under the influence (DUI), many people feel helpless. They believe that the police officers and the prosecutors have already made the decision that they are guilty and, therefore, they have no option but to plead guilty. While it is often correct that law enforcement and prosecutors automatically assume many arrestees are guilty, it is an incorrect belief that people arrested for DUI never have any other options.
While many attorneys may encourage people facing DUI charges to simply agree to a plea bargain, the DUI defense lawyers at Beck Law P.C. firmly believe that many people charged with DUI are innocent. We investigate the circumstances surrounding your arrest to show your innocence and work to build an aggressive DUI defense on your behalf. The following are a few of the common DUI defenses in the state of California.
Common California DUI Defenses
No 15 Minute Waiting Period
California law requires a law enforcement officer to observe a person suspected of DUI for at least 15 minutes prior to performing a breathalyzer test. A breath test measures the amount of alcohol in your breath, not your blood, and if a person belches, vomits, smokes, or does any other similar activity prior to the test, the results can be skewed. During the 15 minute observation period, an officer is supposed to actively watch a person to ensure none of these things happen so the results will be accurate. However, many police use this 15 minutes to wrongfully return to their cars or complete paperwork and do not adequately observe the suspect. A DUI attorney may use this as a defense to show your test was inaccurate.
Police did not follow Title 17 DUI regulations
Title 17 is a regulation in California that sets out the requirements for administering breath and/or blood tests in DUI cases. Equipment must be properly calibrated and the tests must be properly administered. Title 17 also mandates that a forensic laboratory have certain qualifications and follow certain procedures. If any law enforcement officer or laboratory analysts do not comply with Title 17 requirements, your California DUI lawyer can use that information to demonstrate your test results were flawed.
Field sobriety test results were flawed
Aside from blood or breath tests, prosecutors often have police officers testify regarding a suspect’s failure of field sobriety tests (FSTs). However, many officers are not properly trained on administering FSTs and fail to give a suspect the correct instructions, thereby causing them to have negative results. If the officers fail to administer the test up to the correct standards, the result will be called into question. Furthermore, other factors such as location, weather, nerves, and more may affect a suspect’s performance on FSTs. An experienced DUI attorney knows how to investigate your arrest to use any one of these factors in your defense.
These are, of course, only some examples of the common DUI defenses your attorney may use. If you have been arrested for or charged with DUI in Sonoma County, Mendocino County, Lake County California, do not hesitate to contact Beck Law P.C. for assistance as soon as possible.