If you’ve been arrested for DUI, learn how you can defend yourself against these charges and minimize the impact of their heavy consequences on your life.
In California, if you drive with a blood alcohol content of .08 percent or higher, you may be charged with the crime of Driving Under the Influence, or DUI. A DUI conviction can result in some fairly serious consequences, including possible jail time, penalties, alcohol classes, fees and a license suspension. In some California counties, you may also be required to install an ignition interlock device in your car to ensure that you do not drive while intoxicated.
It is important to remember that a DUI is a criminal offense, and will remain on your criminal record. Because of the grave nature of the crime and the stiff penalties for DUIs, having an experienced DUI defense attorney is one of the keys to protecting your legal rights, including your ability to drive, get a job and stay out of prison.
Possible DUI Defenses
A skilled Long Beach DUI lawyer can examine the facts of your case to come up with a number of defenses to the charge. This could include arguing that the police didn’t have probable cause to stop you in the first place, or any of the other following defenses:
- A medical condition caused the high BAC reading. This could include conditions such as acid reflux and heartburn.
- The equipment malfunctioned or inaccurately read your BAC.
- There was another reason for your erratic driving.
- Rising blood alcohol caused a false high BAC reading; when you were driving, your BAC was much lower and within the legal limit.
- The blood test results were tainted when they were collected or stored.
- You were not advised of your Miranda rights when you were stopped.
- A medical condition or dietary choice, like a low carbohydrate diet or diabetes, resulted in a false BAC reading.
- The field sobriety test was inaccurate because you were nervous or because you have a disability or medical condition that made it impossible to perform correctly even when sober.
- The police did not follow the proper procedure for taking, storing or analyzing your chemical test.
- There is another explanation for the symptoms of intoxication that the officer observed, such as red or watery eyes due to allergies.
- The rules for DUI checkpoints were not followed.
- You were not actually driving the vehicle.
Many of these defenses require an understanding of the science behind how your body processes alcohol and how chemical BAC tests work. That’s why it is so important to have an experienced Long Beach DUI lawyer on your side, to analyze the facts of your case and figure out how to best defend you against these charges. In some cases, an attorney can file motions to have evidence suppressed — which means that the evidence can’t be presented in court. These motions are based on California law and the specific facts of your case, and require a careful analysis of both the facts and the law to determine if the evidence that you committed a DUI can be suppressed. A seasoned DUI lawyer has the knowledge and experience to know which motions can be filed and what defenses will likely be successful. He or she can also work directly with the prosecutor to try to negotiate a deal, including having the charges dismissed or reduced.
Remember that the best way to protect your legal rights and your freedom is through hiring a highly skilled DUI defense attorney. If you have been arrested for a DUI in Long Beach, contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
