02 Jan Common DUI Defenses
If you have been charged with a DUI, here are a few defenses your lawyer can use to help you.
Title 17 Violations
The state of California requires breath and blood samples to be collected, stored, and analyzed in compliance with Title 17. If they were not, the sample should not be admissible.
Illegal DUI Checkpoint
California also requires several procedures to be followed in setting up DUI Checkpoints. Even if you were driving under the influence but were stopped at an illegal Checkpoint, the evidence should not be admissible.
Not reading Miranda Rights
If you are interrogated after your DUI arrest and you were not read your Miranda Rights, it could work in your favor.
False Positive Readings
The results of a breath or blood test can be inaccurate for various reasons, such as your diet or a health condition. Your DUI attorney knows how this can be used to challenge the results of your DUI test.
Rising Blood Alcohol
Sometimes, the BAC may be higher at the time of testing than when you were driving, especially if you were arrested right after you consumed alcohol.
Lack of Probable Cause
The police need a reason to believe you have committed some traffic violation to pull over your vehicle. For example, if you were speeding or swerving. If you were stopped simply because you were driving late at night, the stop may be considered illegal.