Virtual and Phone consultations available in all cases.

Schedule Your Consultation Now

Avvo Rating
Expertise
OCBA
State Bar of California
Featured in huffpost Live
Best Attorney
Top Rated Lawyer
Lawyers
Greater Irvine Chamber
Iranian American Chamber of Commerce
2022 Winner Woman-Owned Small Business Award
Winner 2022 Woman-Owned Small Business Award
The National Top 100 Trial Lawyers
America's Top 50 Lawyers 2023
Handel on the Law Premier Attorney Directory

Common DUI Defenses Used in California Courts

Facing a DUI charge in California can be overwhelming, but there are various defenses that might be used to contest the charges. The effectiveness of these defenses can vary based on the specifics of each case. Understanding these common DUI defenses can provide insight into how you might challenge the charges against you. This article explores some of the most frequently used DUI defenses in California courts.

1. Improper Traffic Stop

One of the foundational defenses in DUI cases is challenging the legality of the traffic stop. In California, law enforcement officers must have a valid reason to pull over a vehicle. If the stop was made without reasonable suspicion or probable cause, any evidence obtained during the stop may be inadmissible in court.

  • Lack of Reasonable Suspicion: If the officer did not observe any behavior or traffic violations that would justify a stop, the evidence gathered might be excluded.
  • Violation of Rights: If your constitutional rights were violated during the stop, such as an unlawful search or seizure, this could impact the admissibility of evidence.
2. Faulty Breathalyzer or Chemical Test

Breathalyzer tests and other chemical tests are commonly used in DUI cases to determine a driver's blood alcohol concentration (BAC). However, these tests are not infallible and can be subject to various issues.

  • Calibration and Maintenance: Breathalyzer machines must be regularly calibrated and maintained to ensure accurate results. If the machine was not properly calibrated, the results may be challenged.
  • Improper Administration: The accuracy of a breathalyzer test can also be affected by how the test was administered. If the officer did not follow proper procedures, the results might be contested.
  • Medical Conditions: Certain medical conditions, such as acid reflux or diabetes, can affect breathalyzer readings. If a medical condition might have influenced the results, it can be used as a defense.
3. Field Sobriety Test Issues

Field sobriety tests are used by officers to assess a driver’s level of impairment. However, these tests can be subjective and affected by various factors.

  • Test Conditions: Field sobriety tests can be influenced by environmental factors such as poor weather conditions or uneven surfaces. If the tests were conducted under unfavorable conditions, their reliability may be questioned.
  • Officer Training: The administration of field sobriety tests requires proper training. If the officer administering the tests was not properly trained or followed incorrect procedures, the results might be disputed.
  • Physical Limitations: Some individuals may have physical limitations or disabilities that affect their ability to perform the tests accurately. These limitations can be used to argue that the test results are not a reliable indicator of impairment.
4. Rising BAC Defense

The rising BAC defense is based on the principle that a driver’s BAC may continue to rise even after they have stopped drinking. This occurs because alcohol takes time to be fully absorbed into the bloodstream.

  • Timing of the Test: If the BAC test was administered shortly after the arrest, the driver’s BAC at the time of driving may have been lower than the test result indicates. This defense argues that the driver was not over the legal limit while driving but was only over the limit at the time of testing.
5. Invalid DUI Checkpoints

DUI checkpoints are used to deter and catch impaired drivers. However, checkpoints must adhere to specific legal requirements to be valid.

  • Proper Planning and Administration: Checkpoints must be planned and operated according to established guidelines. This includes having a predetermined location and using an impartial method for stopping vehicles. If the checkpoint did not comply with legal standards, evidence obtained from it might be excluded.
6. Inaccurate Witness Testimony

Witness testimony can play a significant role in DUI cases. However, the reliability of witness statements can be challenged.

  • Credibility of Witnesses: If witnesses provide conflicting or unreliable testimony, their statements can be used to challenge the prosecution’s case. Additionally, if the witness's ability to accurately observe and recall events is questionable, their testimony may be disputed.
7. Police Misconduct

Claims of police misconduct can also serve as a defense in DUI cases. Misconduct can involve various forms of improper behavior by law enforcement officers.

  • Coercion or Intimidation: If the police used coercion or intimidation to obtain a confession or evidence, it might be deemed inadmissible.
  • Unlawful Searches: If the police conducted an unlawful search of your vehicle or personal belongings, any evidence obtained from the search may be challenged.
8. Violation of Legal Procedures

DUI cases must adhere to specific legal procedures. Any deviations from these procedures can impact the case.

  • Failure to Follow Protocols: If the officer did not follow proper protocols for administering tests, conducting interviews, or processing evidence, it can be used to contest the validity of the evidence.
Conclusion

Understanding the common DUI defenses used in California courts can help you better navigate the legal process if you face DUI charges. Each defense strategy depends on the specifics of your case and the evidence available. Consulting with an experienced DUI attorney is essential to develop a robust defense tailored to your situation. By challenging the prosecution’s evidence and asserting valid defenses, you can improve your chances of achieving a favorable outcome in your DUI case.

Client Reviews
★★★★★
The Johnson Law Group handled a very important and delicate matter with professionalism and a caring manner. Attorneys were knowledgeable, in communications, and provided a top notch service to my need. I highly recommend the Johnson Law Group for your important legal issues. Hardy Jr.
★★★★★
Lauren Johnson-Norris was amazing. She explained everything in ways that were easily understood, & answered all of my question. She was respectful, but also open & honest. She started work on my case the first day we met & got results quickly. She demonstrated passion, concern, and showed true feeling for my situation. My expectations were greatly exceeded. I would say she has an incredible attention for detail, & has a real dedication to her work. Lauren Johnson-Norris would be my first recommendation to any of my family or friends similarly in need of legal assistance. Heather
★★★★★
I researched a lot of attorneys and had met with two attorneys before speaking with Ms. Johnson-Norris and retaining her. I was facing serious charges that could not be on my record, due to my job and was really scared. I felt hopeless & thought my life was ruined...until I found Ms. Johnson-Norris… A criminal defense client (drug case)
★★★★★
She is on point. She knows her field well. I have to give credit where credit is due, you deserve it Lauren Johnson-Norris… Anonymous, Victim of Domestic Violence
★★★★★
Lauren Johnson-Norris was my saving grace. I naively thought you were innocent until proven guilty. However, I soon discovered that CPS and family court does not see things that way… Mrs. G, a CPS client