THERE ARE MANY WAYS TO SUCCESSFULLY DEFEND A DUI CHARGE.
The defenses to the DUI charges will typically fall into three categories:
2. Field Sobriety Tests
3. Chemical Testing
WE ATTEMPT TO DISCREDIT ALL THREE AREAS, FOR EXAMPLE:.
1. Speeding, by itself, is consistent with sobriety and not intoxication?
2. Field sobriety tests are designed for you to fail, and that many people fail them with absolutely no alcohol in their system?
3. Breath testing machines must be properly calibrated to function properly? The time period from your detainment to actually getting the blood tested – you were legally sober at the time & the alcohol level increased during that span.
Remember, a conviction requires all 12 jurors to agree on the guilt of the accused. A skilled criminal defense attorney can create doubt in these categories, making the prosecution’s evidence seem shaky, and giving the jurors a reason to find that the prosecution cannot prove beyond a reasonable doubt that the accused is guilty. The result is often times a not guilty vote!
An aggressive and experienced DUI lawyer can point out all of the things that the accused did right and demonstrate that the accused was not driving drunk. For example, an experienced DUI attorney can demonstrate that the driving pattern was consistent with sobriety, that the accused answered all of the police officers’ questions, and that the accused understood directions for the field sobriety tests.
An experienced DUI lawyer can show the complete picture, not just what was done wrong, and can go a long way towards rebutting the prosecution’s case. An experienced DUI attorney will know how to point out the faults of whichever chemical test was taken, or the legitimate reasons why a chemical test was refused. There are many reasons for unreliable breath tests. The accused may have burped prior to taking the test. The machine may be improperly calibrated. Blood samples can also have false high results. A blood sample may have improper levels of preservatives. The individual withdrawing the blood may not be properly credentialed and may not follow the rules of Title 17.
If you or anyone you know has been arrested for DUI, the first thing you should do is call an experienced California criminal defense/DUI attorney. For free consultation, please contact Attorney Roger Lytel 805.966.6806.