Common Defenses in California DUI Cases

A DUI conviction can change your life. Punishments include loss of driving privileges, heavy fines, and even imprisonment. Fortunately, an experienced criminal defense attorney can help you create a solid defense.

This article discusses some common defenses that are available in DUI cases. However, the law is constantly changing. To craft the best defense strategy, talk to a Marin County DUI attorney about your case.

DUI Defenses that Challenge Sobriety Evidence

To win a DUI case, the prosecutor has to prove that you were intoxicated at the time of the event. However, many of the methods that law enforcement officers commonly use to evaluate sobriety can be challenged by an experienced criminal defense attorney. There may also be technical issues. Here are some examples:

Challenge the Choice of Tests

 The National Highway Traffic Safety Administration (“NHTSA”) has approved three field sobriety tests – the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and the One-Leg Stand. Other tests, such as asking someone to touch their nose or recite the alphabet, are not NHTSA-approved. The lack of scientific approval for these tests opens them to challenges from defense counsel.

Challenge the Administration of the Test

 The NHTSA requires that approved field sobriety tests be administered in very specific ways. Failure to follow the NHTSA’s instructions can lead to unreliable results. For example, asking someone to Walk-And-Turn or One-Leg Stand on uneven ground would violate NHTSA guidelines. Also, California law requires that officers observe a person suspected of DUI for 15 minutes before administering a breath test. Failure to follow these and other guidelines can give the defense reason to challenge the test results.

Challenge the Testing Equipment

 California law requires that all Breathalyzers and similar equipment be properly calibrated and maintained. A failure to do so can compromise the results presented by the equipment. Of course, you won’t be able to tell that the equipment is flawed at the scene. However, an experienced Marin County DUI attorney will evaluate the equipment during their investigation.

Challenge the Evidence Environment

 After evidence is collected, it must be properly stored. Improper storage can lead to evidence contamination and flawed results. Similarly, law enforcement agencies must maintain strict records that show who handled each piece of evidence and when. These records can be used to show that the evidence was in an inappropriate location.

DUI Defenses That Argue That You Weren’t Intoxicated

This group of defenses goes a step further than the group above. These defenses argue that you weren’t intoxicated, or that if you were, there is a legal explanation for it.

Your Blood Alcohol Content (BAC) Was Below the Legal Limit

 In California, it is illegal to drive with a Blood Alcohol Content (BAC) at or above 0.08%. If you or your Marin County DUI defense attorney can prove that your BAC was below 0.08%, you have grounds for a challenge. While this might seem difficult, BAC can change over time. And under California law, specifically VC § 23152(b), the prosecution must prove that your BAC was 0.08% while you were driving, not hours later.

Your Intoxication was Involuntary

DUI laws punish drivers who intentionally drive under the influence. However, a person can become intoxicated through no fault of their own. Punch that is spiked or drugs that are mistakenly taken are examples.

Your Medical History   

Surprisingly, many medical conditions (e.g., diabetes, auto-brewery syndrome, and Parkinson’s) can cause people to drive erratically. Some can cause elevated BAC readings as well. Your defense attorney can use your medical history to argue that you weren’t actually intoxicated.

Admit You Were Intoxicated, But Argue That You Had a Reason

You come home from work and drink a few glasses of wine. Then your spouse gets hurt and needs medical attention. If you get arrested for DUI on the way to the hospital, you may be able to argue that the emergency excused your actions.

DUI Defenses that Challenge the “Driving” Part of DUI

You can’t be convicted of driving under the influence if you weren’t driving. For the purposes of California DUI law, driving means purposefully making a car move, even if only a short distance. If you were in a parked car or otherwise not moving, you may have a solid defense.

DUI Defenses that Raise Constitutional Issues

The U.S. Constitution contains many protections for people interacting with the police. Failure to follow the constitutional guidelines to the letter can create opportunities for the defense to challenge police actions and evidence.

Challenge the traffic stop

Most DUI arrests begin with a traffic stop. Under the Fourth Amendment, each stop must be justified by reasonable suspicion. If an officer sees someone swerving between lanes, this standard is likely met. Similarly, if the officers see someone running a red light, the initial stop is valid even though alcohol wasn’t the reason for the stop. But if the officers didn’t see anything that would provide a legitimate justification for a stop, any evidence collected as a result of the stop – including field sobriety tests and bloodwork – can be challenged.

Challenge the checkpoint

Police departments sometimes set up sobriety checkpoints to randomly check drivers. The U.S. Supreme Court and the California Supreme Court have approved this practice. However, these checkpoints must meet strict guidelines. Your Marin County DUI attorney may be able to prove that the checkpoint that stopped you did not meet the constitutional standards.

Challenge the lack of Miranda warnings

Anyone who’s watched a police or legal drama knows the Miranda warnings by heart. Miranda rights apply when a person is placed in police custody and being questioned by the police. In general, courts don’t consider brief traffic stops to be the equivalent of police custody, so Miranda warnings usually aren’t required. But if the police arrested you without giving you Miranda warnings and then questioned you, you and your defense attorney could have grounds to challenge any statements you made about your sobriety during the interview.

Get Help Building a Strong DUI Defense

A DUI conviction can change your life forever. However, as this article has shown, there are many ways to defend yourself in a DUI case. The first step toward building a strong DUI defense is hiring the right Marin County DUI attorney. If you’re facing DUI charges, please contact the Brownstein Law Group. Our firm’s founder, Marin County criminal defense lawyer Josh Brownstein, will go the extra mile and beyond to fight for your freedom. We’ll work with you every step of the way to make sure that we’re fighting for what you want. Call 415-707-3503 or use our online contact form to get in touch today.