Being charged with the offense of driving under the influence can be scary and frustrating, particularly if you don't believe that you're guilty or if perhaps your civil rights were violated in the course of the arrest. You would be amazed at how often a DUI defendant pleads guilty only to discover they really should have walked from the charge without serving a day in jail or paying a penny in fines. When it comes to defending a DUI charge, an experienced and seasoned DUI lawyer is essential to the positive result of your case. There are three surefire DUI defenses out there and if one of these seems like your circumstances, it's possible that you are not even responsible for DUI, at least legally.
Unlawful DUI Stop
Regardless of what state you live in, including the state of California, it isn't legal for law enforcement officers to stop your vehicle if they do not have probable cause that any crime has been committed. If you are stopped outside the parameters of standard practice, your civil rights may have been violated. A well-trained lawyer will possibly have your DUI charge dismissed if the evidence suggests that you were pulled over and charged with DUI without probable cause for the stop. Before law enforcement is allowed to pull you over, you have to be observed weaving, tailgating, or driving in some other erratic manner. If the officer of the law suspects that you've been drinking or doing drugs when you're stopped, they will administer a field sobriety test to figure out drunkenness or sobriety.
BAC Testing Appeared to Be Erroneous
If you are found guilty of DUI, it is generally based on the BAC, or blood alcohol content test results. This test is either administered using a breathalyzer test or through blood collection. However the technicians that collect these specimens, the officers that administered the breathalyzer test and the equipment that processed the final results are all subject to error. No test and additionally no test administrator are perfect. Equipment can fail. People can neglect important steps. People might neglect to properly maintain and calibrate machines. In short, unexpected things happen. And when they do, and your lawyer can show it, you can defeat your DUI. Basically, if you have erroneous test results, they're not allowed to be admitted into court.
Your Medicine Made You Look Drunk
And last of all, another surefire DUI defense may be formed if you were taking medications which could make you appear to be drunk whenever you were arrested. It's oftentimes the situation that medicine which you take will make you look like you're impaired when you are, in fact, sober. Individuals are often pulled over and fail roadside sobriety tests when they have not had any alcohol to drink. Cough medicines are simply a single example of a medication that can make you appear like you're drunk, since they reduce your brain's response time and cause you to be sleepy, which are symbolic of drinking alcohol. Anti-depressants and anti-anxiety medications both might have the same effect.
Based on your unique circumstances, any of these surefire DUI defenses might be beneficial in your case. Make contact with your lawyer if you'd like to find out if any of these defenses are valid in your situation.
Unlawful DUI Stop
Regardless of what state you live in, including the state of California, it isn't legal for law enforcement officers to stop your vehicle if they do not have probable cause that any crime has been committed. If you are stopped outside the parameters of standard practice, your civil rights may have been violated. A well-trained lawyer will possibly have your DUI charge dismissed if the evidence suggests that you were pulled over and charged with DUI without probable cause for the stop. Before law enforcement is allowed to pull you over, you have to be observed weaving, tailgating, or driving in some other erratic manner. If the officer of the law suspects that you've been drinking or doing drugs when you're stopped, they will administer a field sobriety test to figure out drunkenness or sobriety.
BAC Testing Appeared to Be Erroneous
If you are found guilty of DUI, it is generally based on the BAC, or blood alcohol content test results. This test is either administered using a breathalyzer test or through blood collection. However the technicians that collect these specimens, the officers that administered the breathalyzer test and the equipment that processed the final results are all subject to error. No test and additionally no test administrator are perfect. Equipment can fail. People can neglect important steps. People might neglect to properly maintain and calibrate machines. In short, unexpected things happen. And when they do, and your lawyer can show it, you can defeat your DUI. Basically, if you have erroneous test results, they're not allowed to be admitted into court.
Your Medicine Made You Look Drunk
And last of all, another surefire DUI defense may be formed if you were taking medications which could make you appear to be drunk whenever you were arrested. It's oftentimes the situation that medicine which you take will make you look like you're impaired when you are, in fact, sober. Individuals are often pulled over and fail roadside sobriety tests when they have not had any alcohol to drink. Cough medicines are simply a single example of a medication that can make you appear like you're drunk, since they reduce your brain's response time and cause you to be sleepy, which are symbolic of drinking alcohol. Anti-depressants and anti-anxiety medications both might have the same effect.
Based on your unique circumstances, any of these surefire DUI defenses might be beneficial in your case. Make contact with your lawyer if you'd like to find out if any of these defenses are valid in your situation.
About the Author:
If you need the defense of a Sacramento criminal defense attorney then contact the Law Offices of Brianne Doyle by calling 916-806-6400 or visiting her website. She's a skilled Sacramento DUI lawyer who can give you the help you need to get through your arrest.