Can You Fight a DUI in California?
Absolutely! There are many defenses we use for our clients that can help them reduce their sentences, penalties, or fines or drop their charges altogether. Here are some common defenses our attorneys may use for your benefit:
You’re Just a Bad Driver That Doesn’t Deserve a DUI Charge
If you were swerving in your lane or speeding, it doesn’t mean you were under the influence of drugs or alcohol. Our job as your legal counsel will be to prove that your driving patterns or behavior were common of drivers that were sober, not drunk or high. The National Highway Traffic Safety Administration reports driving patterns are only predictive of a correct accusation of DUI 35% of the time. In addition, a simple traffic ticket will result in easier penalties compared to a DUI conviction.
The Officer That Pulled You Over Used Bad Judgment
Cops use many tools — however often inaccurate — to determine whether or not you are driving under the influence.
First, breathalyzers only measure the amount of alcohol in one’s body, not their ability to operate a motor vehicle as everyone’s tolerance is different. Also, these machines have a record for producing falsely high blood-alcohol content results.
Second, field sobriety tests are used to judge one’s coordination. If you are naturally an uncoordinated person, are tired, have flat feet, or nervous because of the situation you’re in, this test may not produce accurate results.
The Officers Didn’t Follow Proper Procedures
Officers in California and beyond are heavily educated and trained on how to treat stops involving drivers they think are under the influence, however, everyone makes mistakes once in a while, such as:
- Stopping you without probable cause (they merely pulled you over because you were leaving the parking lot of a bar, rather than actually violating any traffic laws.)
- Failing to read you your Miranda rights before your interrogation or at any time.
- Gathering evidence in an unlawful or illegal way to prove their case against you.
It’s important to note that though these are common causes, they may not apply to your exact situation.
Experienced Prior CHP Officer In-House That Can Assist With DUI and DMV Matters
Everyone’s case is different; to get an accurate prediction of your case and what your first steps will be, schedule a free consultation with our office in Redlands, California today. We proudly serve many of the surrounding California communities, including Rancho Cucamonga, San Bernardino, Riverside, Victorville, Banning, and beyond.