In California, many DUI (Driving Under the Influence) charges arise not from blatant drunken behaviors but rather from perceived erratic driving. It’s not uncommon for someone to be pulled over by law enforcement for what might seem like hasty driving decisions. Once the lights flash and the siren sounds, within moments, one might find themselves accused of DUI.
Read on to learn how bad driving could be used as a DUI defense. Contact Chambers Law Firm at 714-760-4088 for a free legal consultation if you have been charged with this or another crime in Southern California.
The Prosecution’s Initial Standpoint
Usually, a DUI case begins with the arresting officer’s testimony, presented by the prosecutor. The officer might depict your driving behavior as one mirroring an individual under the influence, be it alcohol or drugs. Your supposed infractions could range from speeding, swaying between lanes, tardy driving, or even bypassing a stop sign. Such interpretations are often presented as “conclusive evidence” of one’s intoxicated state, pushing forth the argument: “Why else would someone drive that way?”
Deciphering Between Reckless Driving and DUI
However, here’s a crucial counterargument that an adept Orange County DUI defense attorney from Chambers Law Firm can raise: most traffic offenses are, in reality, committed by individuals completely sober. That officer who arrested you might, upon being cross-questioned, admit that certain portions of your drive were perfectly safe. Perhaps, momentarily swaying into another lane happened while adjusting the radio. Maybe, you decelerated while trying to spot a specific address, only to then regain normal speed. Even distractions like smartphones, while indeed traffic violations, aren’t synonymous with DUIs.
It’s imperative to distinguish between rash driving and DUI. While many under the influence might drive unsafely, not every individual driving haphazardly is inebriated. Some might just be naturally inattentive drivers, which is an entirely different issue from a DUI in California.
Driving Patterns: An Unreliable DUI Indicator?
Highlighting a report from the National Highway Traffic Safety Administration (NHTSA), driving behaviors are only indicative of DUIs about 35% of the time. That’s relatively low, and a seasoned DUI defense attorney from Chambers Law Firm could utilize such statistics to emphasize that mere driving observations don’t solidify intoxication claims.
This defense becomes even more pivotal if your case doesn’t hinge on surpassing the legal blood alcohol content limit of 0.08%. If you’re charged with a DUI on the grounds of not exemplifying the “caution characteristic of a sober person,” your attorney can leverage your seemingly rash driving as a defense, contending that it doesn’t necessarily equate to drunken driving.
Championing Your Right to a Fair Defense
At Chambers Law Firm, our deep-rooted experience in championing the rights of those accused of DUI is unparalleled. We are committed to fervently defending our clients against unwarranted charges, striving relentlessly for the most favorable outcomes. If faced with such allegations, don’t hesitate to reach out to us at 714-760-4088 for an initial consultation at no cost. Your defense starts with the right counsel.
