How To Beat A Dui In California

Individuals facing a DUI charge face very serious consequences, including the possibility of losing their driving privileges, being thrown behind bars, having to pay large fines and being subject to regulations. court restrictions. To avoid these negative consequences, it is important that they come up with a viable defense with an experienced DUI attorney. The possibility of applying a defense measure depends on the circumstances involved in the case. Some successful DUI protections include:

1. Law enforcement officers make a bad stop

Before a law enforcement officer can pull someone over, that person must have a reasonable suspicion that a person in the vehicle has committed a crime. In some cases, law enforcement officers may observe a driver for a while for signs of intoxication, such as weaving between lanes. In other cases, law enforcement officers may stop a driver for an offense such as a missing tail light or an expired tag. If the reason for stopping is a farce, anything that happens after the stop may be deemed unacceptable after the DUI defense attorney challenges the validity of the stop. Even when there is a justification for stopping based on driver behavior, the National Highway Traffic Safety Administration has found that driving patterns predict DUI crashes in just 35 % case. Sometimes innocent acts like clicking on a GPS device or fiddling with the audio system can cause a momentary distraction like the impact of a impaired driver.

2. Objective signs of intoxication

After a law enforcement officer pulls a driver, he or she tries to find anything to justify further detention. If drunk or drugged driving is suspected, the person may look for potential signs of impairment, such as red or bloodshot eyes, flushed face, slurred speech, or other objective signs of distress. drunken state. However, these may be symptoms of other problems unrelated to functional impairment. For example, medications can cause many of these symptoms. Fatigue or fatigue can be the cause of slurred speech or red eyes. Allergies, dust, eye irritation and many other innocent causes can be the cause of these symptoms.

3. Faulty field sensitivity test

If a law enforcement officer detects possible signs of intoxication, he or she may request a field sobriety test. There are different levels of alertness tests that measure a person’s concentration, ability to follow instructions, and balance. They take many different forms, including asking suspects to recite the alphabet, count, sign papers, follow a flashlight, or complete other seemingly simple tasks. The standardized field sobriety test consists of three different tests that take a few minutes to complete. The first test is the horizontal nystagmus test, which measures a person’s involuntary eye movements. The walking and turning test requires the suspect to walk on tiptoe for a number of steps, then turn around and walk backwards in the opposite direction. Finally, the one-legged test requires the suspect to keep one foot on the ground and balance. These three tests, when used together, have scientific validity as proof of intoxication. In California, law enforcement officers may use non-standardized DUI school sanity tests. These include finger-to-nos, clapping, reverse gear, finger count, and the Rhomberg balance test. The results of these tests were used as evidence of intoxication against the defendant. However, having this tunnel vision can lead to law enforcement officers not taking into account factors that could cause poor test results. For example, wearing boots or high heels, having a foot injury, or poor coordination can cause people to fail these types of tests even if they have nothing to drink. Difficulty speaking English or understanding instructions can also affect a person’s performance. Environmental factors such as bad weather, slippery roads, heavy traffic, or uneven payments can also affect a suspect’s ability to perform these tasks. The person may not be adequately trained. When some steps are not followed carefully, the test results are not accurate. Because of the potential for inaccurate test results due to various factors, California law allows a driver to refuse a field sobriety test.

4. Inaccurate Preliminary Alcohol Screening (PAS)

Another potential measure is an incorrect roadside breath test. California law enforcement officers administer the Preliminary Alcohol Test (PAS), which is a preliminary alcohol test. Equipment used to complete PAS tends to be less accurate than workstations. When a concentration of 0.01 can make the difference between someone being within the legal limit or exceeding it, it is important that the test is accurate. Handsets may cause false positives due to consumption of certain foods, beverages, drugs or other products. Additionally, a law enforcement officer is required to monitor the suspect for several minutes to ensure that he or she is not belching, vomiting, or regurgitating. These actions can cause a person’s breath test to give inaccurate results. It is possible that during such surveillance, the attention of law enforcement officers may have shifted elsewhere, such as talking to another officer at the scene, monitoring oncoming traffic, or completing into paperwork. Certain medical conditions can cause high blood alcohol levels that aren’t actually caused by blood alcohol levels. In California, a suspect can refuse to take the PAS test. However, if the person refuses a chemical breath test or a blood test at the station, he or she will face a one-year license suspension due to the refusal. In addition, the prosecution may use the refusal as evidence against the defendant at the DUI trial.

5. Increase the BAC . level

An interesting defense to DUI charges is the rising BAC. This defense alleges that the defendant’s BAC was below the statutory limit at the time he or she was driving but that it continued to rise between the time the traffic stopped and when he or she took the test. breath test. This can happen if the defendant has recently consumed alcohol and the alcohol is still being consumed during this time.

6. GERD Defense for DUI

The medically relevant safeguard is the one that protects Gastroesophageal Reflux Disease (GERD). When performing a breathalyzer test, it is assumed that the amount of alcohol in a person’s mouth is equivalent to the amount of alcohol in his or her body. However, GERD, heartburn, or acid reflux can cause a person to have alcohol in their mouth, which means that the BAC measurement from the oral sample is higher than that from the stomach sample. During typical digestion, food enters the stomach and the lower esophageal sphincter closes so that stomach contents do not back up into the esophagus. Some people may have a medical condition that causes the lower esophageal sphincter to open and allow stomach contents and stomach acid to back up into the esophagus. This results in a higher BAC reading.

7. Check for faulty ventilators

Read more: How to install driver for hp 8200 series printer After conducting a preliminary alcohol test, many law enforcement agencies take the defendant to the station and perform another alcohol test. A challenge to the accuracy of this ventilator test may be based on the theory that the machine is not working properly or that the machine has not been calibrated recently. Poor maintenance records can attest to this. Another plausible theory is that the law enforcement officer administering the test did not organize the test properly.

8. Improper management of blood tests or procedures

If the prosecution relies on the results of the blood test, the criminal defense attorney can object to the administration of the blood test. In particular, criminal defense attorneys may consider whether a blood test will sustain the practice or whether it is in a position where it could have been tampered with or altered.

9. Inappropriate behavior by the police

In some cases, law enforcement officers may have acted improperly in some aspect of the investigation or evidence-handling process. Criminal defense attorneys can explore previous law enforcement officer actions and misconduct to determine if this may have contributed to an arrest and DUI discovery.

10. Mitigating circumstances

Rather than alleging that the defendant was not intoxicated or that the test results were incorrect, the criminal defense attorney could argue that there were extenuating circumstances that caused the defendant to drive in a impaired state when it would not normally be possible to do so. do this. For example, a defendant may have driven in this state to avoid serious injury or death if they were at risk or may need to take an injured loved one to the hospital. In other cases, a person can become intoxicated without their knowledge, such as accidentally drinking an alcoholic beverage. Our experienced criminal defense attorneys can explore whether these defenses are applicable to a client’s case. He or she can also explain the success of these and other safeguards and offer adjudication strategy advice. If you have been charged with Driving Under the influence in Santa Clara, Alameda, San Mateo, San Francisco or Contra Costa counties, contact us at 408-724-9200 or email thienvt@ gmail.com. Read more: how to do unrestricted dirt bike tricks

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