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Defense Strategies and DUI Attorneys in California

When choosing among DUI attorneys in California, find an attorney who is experienced in addressing specific state laws and statutes regarding driving under the influence and the resulting legal procedures. This expertise and counsel is invaluable after a DUI arrest in which a motorist is facing steep fines and possible jail time. It is important to contact a lawyer immediately after being arrested, and there are several things to take note of to aid DUI attorneys in California in preparing a successful defense.  Several defenses can be mounted against various aspects of the initial traffic stop, the detainment, any field or chemical tests conducted and the arrest procedures, if it is found that a citizen’s rights were violated or that protocol may not have been followed. 

• Probable Cause Defense
• Challenging Chemical Test Results
• Breathalyzer Inaccuracies
• Contact Our DUI Attorneys in California

Probable Cause Defense

Probable cause is a defense which challenges evidence collected on the grounds that the citizen’s rights were violated by unlawful search and seizure. There must be probable cause for not only the initial traffic stop, but for detainment and sobriety testing, as well as for the arrest.  Probable cause to be stopped on the suspicion of DUI, according to the National Highway Traffic Administration, include among others, a wide turning radius, weaving, straddling lane markers and crossing into the other lane. However, an officer may pull a motorist over for a traffic violation and then develop suspicion as to the sobriety of the driver.  At this point, an officer may perform a variety of field sobriety tests to determine if chemical testing is necessary.

Challenging Chemical Test Results

A chemical test will generally be performed to determine the blood alcohol content of the driver and will be used as the primary evidence when the DUI case goes to court. However, DUI attorneys in California have found that even chemical test results can be challenged on the grounds of accuracy and calibration; as well as the right to request results from an independent lab.

Breathalyzer Inaccuracies

A concern with breath (breathalyzer) tests is the presence of “mouth alcohol” which will elevate the results significantly. Mouth alcohol occurs when there is some residual alcohol trapped in the mouth in dental work, from burping, recent vomiting or even the use of a breath freshening spray containing alcohol. This could elevate a reading significantly due to the multiplication performed by the machine on what is thought to be from the lungs and therefore subject to mathematical equation to approximate blood alcohol level. Due to this multiplication, mouth alcohol breathed directly into the machine will be subject to an exponential increase and could result in a reading falsely shown at over the legal limit.

The best DUI attorneys in California are well versed in the errors that can occur during chemical testing. The defending attorney should examine the state’s evidence to ensure that blood alcohol content results taken at the scene are accurate and fair.

Contact Our DUI Attorneys in California

Your DUI attorney should make sure that your civil rights weren’t violated at any point in the arrest process. If it is discovered that an individual was treated unfairly, incriminating evidence can be suppressed, resulting in a non conviction. It is crucial to have one of the top DUI attorneys in California by your side during this emotionally and financially taxing time. Find out how Kerry Steigerwalt's Pacific Law Center can help—contact us today for a free initial consultation.

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Types of DUI / DWI Cases

California DUI Laws

DUI Testing

DUI Consequences in California

DUI Defenses

Frequently Asked DUI Questions

Choosing a DUI Lawyer