There are many potentially effective ways in which an underage DUI charge may be beat in Southern California. The best way to find out which legal defense strategies will be most effective in your specific case is to schedule a free case evaluation with Attorney Dan Chambers. He’s Southern California’s top underage DUI defense attorney, and he’ll know exactly what to do to attain the best possible outcome in your case.
Depending on the facts of your case, there are various defense strategies that may help you avoid a conviction in your underage DUI case. For example, the answer to this question is absolutely imperative in every DUI case:
Did the police officer have probable cause to pull you over?
Probable Cause Part 1
It’s possible that you were driving well, obeying every rule of the road, but the police officer spotted your car and out of mere curiosity, decided to pull you over. That’s not a good enough reason to pull someone over. The police officer must have a valid reason to pull you over – you ran a red light, you ran over a stop sign or traffic cone, you were swerving or otherwise driving erratically, or perhaps you were speeding. If the police officer didn’t have probable cause to pull you over, your underage DUI case will likely be dismissed by the court.
Probable Cause Part 2
Not only that, but the police officer had to have enough probable cause to suspect that you were driving under the influence of alcohol or drugs before arresting you and bringing you to the police station. Perhaps the police officer noticed that your eyes were bloodshot, your breath smelled like alcohol, or you had an open beer in the car. Or maybe the police officer wrongly assumed that you had been drinking – in fact, you had just pulled an all-nighter while studying for your final exams, so your eyes were red from exhaustion and you took a little cold medicine since you had a cold, hence the alcohol smell on your breath. It sounds strange but it does happen! If the police officer didn’t have enough probable cause to arrest you for underage DUI, your case will be dismissed from court and the charges will be dropped.
Were proper procedures followed by the arresting officer?
Even if the police officer has enough probable cause to stop and suspect that you were DUI, if they failed to follow proper procedures, your case can still be dismissed. If they forgot to read you your Miranda Rights before placing you under arrest, your case may be dismissed.
Breathalyzer, subjective observations considerations
If the proper procedures were followed by the police, there’s still hope for the dismissal of your case. Breathalyzer results can sometimes be suppressed from the court if you were denied the opportunity to have an independent physician administer it. Or the police officer’s subjective observations of the defendant’s level of inebriation may be countered effectively with the help of an expert witness.
Perhaps none of these possibilities are feasible for your case. If so, you still shouldn’t lose hope! Contact Attorney Chambers at the Chambers Law Firm today for expert assistance. Schedule your free case evaluation now by calling 714-760-4088, emailing dchambers@clfca.com, or using the chat box below.
