There are a number of potential strategies for fighting a California DUI. The best strategy will depend on the facts of each individual case.
California prosecutors may charge a driving under the influence (DUI) case in one of two ways. First, if your blood alcohol concentration (BAC) was over the legal limit of .08% (for most drivers), then you could be charged with a DUI violation. Second, even if your BAC was not over the legal limit, you could still be charged with a DUI if a police officer testifies that you were unable to drive with the caution of an ordinary sober person in similar circumstances.
An experienced DUI defense lawyer Los Angeles, California will examine the facts of your case to develop a factual and legal defense to the charges against you. For example, if the prosecutor alleges that your BAC was over the legal limit, your attorney may investigate and determine that there were errors with the breath test that caused a false positive. Based on this evidence, your lawyer can request a reduction or dismissal of charges — or take the case to trial if necessary and make the argument to the jury.
If there were no errors with the equipment or the procedure used to administer the breath test, there are still other factors that could lead to a false positive BAC reading. For example, there are medical conditions, such as acid reflux, that could cause mouth alcohol to form, leading to a higher BAC than what is accurate. If you used a mouthwash or breath spray, that could also throw off the results of the breathalyzer. Similarly, if you have diabetes or are on a diet designed to get your body into a state of ketosis, your body may naturally produce a form of alcohol in your breath and urine.
There are also potential legal defenses to a DUI. For example, if the police lacked probable cause to stop your vehicle or failed to read you your rights upon arrest, that may be a basis for excluding evidence and ultimately having the charges dismissed or reduced. California law also requires law enforcement to follow specific procedures for collecting, storing and analyzing chemical tests for DUI. If the police did not follow those procedures, your DUI defense lawyer Los Angeles, California could challenge the charges on that basis.
Finally, there are a number of other reasons why a driver may appear to be intoxicated — but there are innocent explanations for their driving or appearance. A person may be distracted behind the wheel, leading to bad driving. A driver may have allergies or another medical condition that leads to red, watery eyes and other symptoms of intoxication. There are any number of reasons why a police officer may misinterpret innocent actions as evidence of intoxication. A seasoned lawyer will investigate your case thoroughly to fight back against California DUI charges.