Common DUI Defenses

January 2, 2019 | By Kerry Armstrong | Read Time: < 1 minute

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.

Kerry L. Armstrong

Attorney Kerry Armstrong opened up his law firm in June 2007. Mr. Armstrong attended Thomas Jefferson School of Law, San Diego, California, and received his B.S. from Middle Tennessee State University. Kerry L. Armstrong became certified by the State Bar of California’s Board of Legal Specialization for criminal law in August 2020, making him one of the few criminal defense attorneys with a criminal law legal specialization certificate in San Diego County. Between 2014 – 2019, Mr. Armstrong was selected for inclusion in the California Super Lawyers list, an honor only awarded to 5% of the nation’s attorneys.