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How Can I Beat a DUI?

Santa Rosa DUI Attorney | Petaluma DUI Lawyer

How can I beat a DUI? We’ve heard this more than a few times. Obviously, the easiest way to do so is of course not getting one in the first place. That said, no really, how can I beat a DUI? Well, there are many defenses a Santa Rosa DUI attorney could think of to beat a DUI or get the DUI charges reduced. Two good reasons to consult with an experienced DUI attorney before choosing to plead guilty. Lets take a look at a few here.

How Can I Beat a DUI?

  • For a “per se” alcohol case, the person’s Blood Alcohol Content (BAC) must be 0.08 or higher at the time of driving. If the blood or breath test is not taken within 3 hours of driving, there is reasonable doubt that the defendant had the required Blood Alcohol Content when driving.

  • If the DUI field sobriety test exercises could not reasonably be performed well by a person who was not under the influence.

  • If you have a disability or disabilities and could not perform the DUI field sobriety tests well even if you were sober.

  • If there are other reasons that you exhibited signs that made you appear to be drunk and deserving of a DUI. Example: your eyes were bloodshot because you had seasonal allergies.

  • The officer does not see the car in motion and/or observe you making a volitional movement.

  • The instrument testing your blood alcohol level is unreliable or malfunctioned. This could be because of radio frequency interference (RFI). Radio transmission from cell phones or patrol cars can affect testing instruments.

  • Outside, unrelated factors negatively influenced your ability to perform the DUI field sobriety test or interaction with the police. Some examples would be excessive noise, road work causing excessive shaking of the ground, or another person interrupting the test or talk with the police such that you forgot what the police asked you to do.

  • If medical conditions such as GERD (gastroesophageal reflux disease), acid reflux, or heartburn contaminated your breath test results. In a person with these conditions, alcohol, contained in acids, flows from the stomach to the mouth. The instrument measuring Blood Alcohol Content attempts to look at air deep in the person’s lungs. The alcohol that comes up to the mouth contaminates the instrument’s result.

  • If you are on the Atkins diet, or a similar diet, or have diabetes or hypoglycemia. People on such a diet or with these conditions produce isopropyl alcohol. The testing instrument cannot distinguish between isopropyl alcohol and ethyl alcohol, the type of alcohol in alcoholic beverages. The presence of isopropyl alcohol causes the person to have a “false” high Blood Alcohol Content result.

  • If your blood sample was incorrectly tested or stored. The result of your test may not be accurate.

  • If the officer did not have probable cause to arrest you for DUI.

  • If the officer did not have reasonable suspicion to justify a traffic stop.

  • If you were driving erratically for a good reason, e.g. to avoid dangerous debris on the road, or because you were distracted by loud sounds. You may be found guilty of reckless driving, but not a DUI.

  • If you had drunk alcohol and your BAC was below the legal limit, or you had legally used cannabis, but your driving was not impaired.

  • If you were stopped at a DUI checkpoint but the purpose or administration of the checkpoint was illegal.

  • If you were not driving. The police came upon you after you had been in an accident and no one saw you driving the car, or you were sitting in a parked car.

  • If the prosecution’s witnesses, including the police officers involved, offer unreliable testimony or reports.

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