California DUI Defenses
There are numerous defenses that can be used in court to defend against a DUI charge, even if a defendant’s BAC was over the legal limit. First of all, the police officer who pulled you over must have a legal reason to do so. If not, the original stop could be challenged and the evidence against you thrown out. Was there a reason to detain you for DUI? If not, the case could be challenged.
Another important point is that field sobriety tests are extremely subjective. Were they performed in accordance with federal guidelines? Many police officers are not experienced in administering the tests properly. Were the proper tests performed?
People who are placed under arrest are required to be advised of their rights, which are known as Miranda rights. If you are not advised of your Miranda rights, the case could be thrown out.
If you took a chemical test, and you were found to have a California blood alcohol contentof over .08%, you may assume you do not have a valid defense. However, was the test properly administered? Was the equipment functioning properly at the time of the test? Was the evidence handled in accordance with correct evidentiary procedures? Do you have a medical condition that could affect a breath test? In addition, if you are stopped for a DUI soon after drinking and are given a chemical test 30 minutes or an hour later, your blood alcohol level would be higher than it was when you were originally stopped. This is called a “rising blood alcohol defense”.
There are numerous defenses a skilled DUI attorney in Los Angeles, California can raise, even if your BAC was found to be over the legal limit. If you or someone you know has been charged with a DUI in California, contact a skilled DUI team of attorneys today. Contact the Law Offices of Lawrence Wolf at (310) 277-1707 for a free consultation.
