It can feel hopeless if you are arrested for a DUI but the truth is that there are defense options that can result in the charges being reduced or dropped altogether. Read on to learn about some of them or contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
You weren’t operating the vehicle
The charges should be dropped if you weren’t using the car. This can be a potent defense in two situations: at the time of the stop, the car was being driven by someone else, or you were sitting in the driver’s seat but not operating the vehicle. The first situation can arise if someone else was in your car and claims to be you.
The second scenario, however, occurs more frequently. It generally involves a driver who gets into their automobile to sleep off the effects of drinking or drugs. It would be illegal for a police officer to conduct a DUI arrest in this situation since they would need to see you actively operating the car.
There was no valid reason for the traffic stop
To start a traffic stop, police must have a valid reason. Examples include speeding, swerving, risky lane changes, and other infractions of local, state, or federal law.
Your rights would be violated if you were pulled over without cause or as a result of racial profiling. Evidence that police officers find after violating your rights and committing a crime may be suppressed and not used in court. A capable criminal defense lawyer can demonstrate that there was no justification for a specific traffic stop.
You were not notified of what would happen if you rejected a breathalyzer or other chemical BAC test
The police officer is required to inform you of the implications if you refuse to take a chemical BAC test (which includes a one-year license suspension). This announcement is in writing, and the officer must read it to you word for word. The license suspension may be reversed by the hearing officer if the officer fails to do so.
Your BAC was acceptable
Driving while intoxicated with a lawful BAC of less than 0.08% can frequently be used as a defense to get the license suspension lifted.
You did not object to the chemical BAC test
Refusing a chemical BAC test results in an immediate license suspension. But you must first decline the chemical test. If you did not do so, then you should not face charges or a license suspension.
If you are facing DUI charges, contact Chambers Law Firm at 714-760-4088 to speak to an experienced criminal defense attorney today.
You decline field sobriety tests that the police incorrectly interprets as chemical BAC testing, you provide inadequate breath samples for the breathalyzer, or you raise questions regarding the test that the officer interprets as a refusal.
