Some Possible Defense Arguments In A DUI Case
Riverside, San Bernardino, Los Angeles & Orange County DUI Lawyer
Many driving under the influence (DUI) cases may appear to be open and shut situations. Often people think that if their blood alcohol level is over .08%, the old adage “you do the crime, you do the time” applies. DUI cases, however, often involve some very technical and complex legal issues. There may be a motion to suppress all evidence available to you, depending on how the arresting officer first stopped/contacted you, there may be a problem with the chemical test, etc… In addition, in many DUI cases, the person suspected of the DUI ultimately exhibits that he/she had an at or near the legal limit blood alcohol level and an experienced attorney may be able to get your case dismissed or reduced as a result. When reviewing your case, your DUI defense attorneys at WILL & WILL, LLP will be looking for any of the following:
- Did the investigating/arresting officer have probable cause for stopping/contacting you in the first place?
- Did the investigating/arresting officer observe “bad driving” or a violation of the vehicle code?
- What if the investigating/arresting officer wasn’t a witness to your driving at all?
- Did a third party contact law enforcement? If so, why?
- Were you involved in a traffic accident?
- Did the investigating/arresting officer observe sufficient "objective symptoms" of intoxication to conduct a DUI investigation?
- Did the investigating/arresting officer properly administer field sobriety tests (FST’s) to you?
- Did the investigating/arresting officer administer a preliminary alcohol screening (PAS) test in the field? If so, was the PAS administered in the proper manner? Was the PAS device maintained/calibrated properly?
- Did the investigating/arresting officer have enough evidence to ultimately effectuate a lawful arrest for DUI?
- Pursuant to California law, was an additional chemical test (blood or breath) performed? If so, were the appropriate procedures followed in the taking, handling and analysis of these samples?
- For the chemical test, was the equipment used to analyze test samples in proper working order and maintained in accordance with regulations?
- Were the breath/blood test samples analyzed and the result reported according to California state regulations, by a licensed laboratory, and in a scientifically approved manner?
- Based on timing/alcohol pattern provided, etc…was your blood alcohol level rising or falling at the time of driving and at the time the chemical test sample was given?
- Were there any physiological reasons that would cause a false result on a breath machine, if breath was the chemical test elected (i.e.: GERD, residual mouth alcohol, heartburn, acid reflux disease, etc.)?
Depending on what our experienced and knowledgeable DUI lawyers find, we may be able to defend your case on any of a multitude of theories. It is possible for our DUI lawyers to find a discrepancy in procedure on the part of the investigating/arresting officer. This inconsistency might have occurred in his/her investigation, or in his/her administration of the chemical test. Our DUI lawyers may also choose to attack the breath/blood BAC result and argue that your blood alcohol level was rising at the time of driving. Based on this argument, we use the time the test was actually taken to argue that the alcohol you drank was still being absorbed into your blood and therefore was lower at the actual time of driving. A medical illness can also contribute to your resulting BAC level. These are just a few potential arguments our DUI lawyers may be able to make on your behalf. At WILL & WILL, LLP, our experienced and knowledgeable DUI defense attorneys will explore all options and not leave a stone unturned in defending you.
