Many California drivers think that your DUI is an open and shut case and you should just roll over and accept the consequences of your actions. However, regardless of what the police would like you to believe, there are actually several different ways to win your DUI case in California. So whether you have been charged with having a blood alcohol level over the legal limit of .08%, caused an accident, or had a high blood alcohol content test, here are three secrets to beating your DUI:
1. Breath and Blood tests are not exact sciences.
Although many people charged with a DUI take the word of the breath test without question, many drivers are beating their DUI by challenging the test that got them in trouble in the first place. There are dozens of things that could possibly skew the results of a breath test, including:
• Being mishandled by the police officer
• Environmental factors (interference by radio frequencies)
• You burped or had acid reflux or heartburn that skewed your blood alcohol level.
• Your low carb diet tricks the breath test into displaying a false high BAC
• The Breath test itself malfunctioning
2. Officer Error
In addition to mishandling the procedure of a breath test, there are many circumstances where police errors could lead to a judge throwing out your DUI charge. Police officers are required by law to have probable cause to stop you in the first place, and if they do suspect a DUI and wish to arrest you, they are required to advice you of your Miranda Rights- you know, the “You have the right to remain silent…” rights- in order to use statements against you. While you may know these by heart from your latest Law & Order binge, they are required to advise you of them all the same.
3. Challenge the field sobriety tests and physical symptoms
Whether the officer arrested you for not being able to balance on one foot, or because the officer believes he smells alcohol in your breath, these tests and physical symptoms can be explained by non-alcohol related facts. Challenging the charges due to the results of the field sobriety tests or “FSTs” can be as simple as presenting evidence that:
• you were wearing awkward footwear such as: high heels, boots or uncomfortable shoes.
• there was poor lighting or bad weather and that is why your eyes appear blood shot.
• you were eating or distracted by passengers and that is why you were weaving or driving erratically.
• you were intimidated by the police officer and couldn’t focus.
If you’ve been charged with a DUI, remember that each case must be evaluated individually by an experienced attorney to determine how to aggressively defend your case. Whether due to technical malfunctions, police error, or misunderstanding between you and the police officer, you can use all the facts and evidence at your disposal to defend your DUI and keep your record clean.
