Sonoma County, CA- If you have charged with a DUI in California, you are probably aware of the legal troubles ahead. And while those troubles may daunting, it is also important to know that with the help of a DUI attorney, you can have a number of defense strategies you can pursue to help you avoid conviction.
Questioning the arrest itself
We can all agree that it is important for police to keep drunken drivers of the road, but they too can make mistakes and fail to follow the letter of the law when conducting a DUI stop. Before an officer can pull a person over. Basically put, police are not allowed to pull a person over for the sole purpose of determining if a motorist is driving under the influence, but it happens.
When you enlist a defense attorney, one of the first things they will examine in your case is the arrest itself. They will question a number of aspects such as: Did an officer have probable cause to pull you over? Did they actually observe you violating traffic laws? Did they respect your rights during your arrest?
If your defense attorney determines your rights were violated or your stop was not conducted properly, you could have your DUI charges dismissed.
Challenging Field Sobriety Tests
Another effective defense strategy is to question the results of field sobriety tests. It is easy for a person to fail field sobriety tests if they have a medical condition, suffer from back or leg injuries or even wearing the wrong shoes when the tests are conducted.
Other non-alcohol related factors can lead to a wrongful DUI arrest. Nervousness, anxiety or intimidation can give an officer the impression that a driver is intoxicated.
Challenging breathalyzer test results
Challenging the results from a breathalyzer test is also an effective defense strategy your attorney can employ. These tests are meant to test the amount of alcohol in the breath deep in a person’s lungs, but this test can pick up alcohol in the mouth and throat and reads it as breath in the lungs. This will give a false reading, indicting a driver has exceeded California’s legal limit of .08, even when they aren’t impaired. Something as common as mouth wash or liquid cough medicine can put a person over the legal despite the fact that they are not intoxicated.
Breathalyzer tests can also give inaccurate readings if they are not regularly maintained or calibrated correctly. A DUI attorney in Sonoma County will look at whether or not police forces in the county have a record of false results from a breathalyzer test.
Those are just a few of the possible defense strategies that can be used in your defense, but there are numerous ways stop a conviction or at least minimize the consequences of your DUI arrest. When you retain one of DUI attorneys at USAttorneys, they will evaluate the circumstances of your arrest and work towards a successful outcome to your case.