A.) Primary Defenses

The primary defenses to a DUI charge are:

1.)  Your blood alcohol level was rising at the time you were stopped by the officer and thus even though the test results indicate you were above the legal limit when you were tested, you were actually below .08% at the time of driving.

2.)  Even though the officer has described your driving pattern and field sobriety tests so that it appears as though you may have been under the influence of alcohol or drugs, any impairment you may have exhibited was not caused by alcohol but rather by other factors such as physical injuries, explanations for your driving pattern, and the officer’s failure to administer the tests properly.

3.)  In cases where your test result is close to the legal limit, variance associated with the accuracy of the breath or blood testing instrument when subtracted from your test result may allow you to argue that you were below the legal limit.

          In order to convict a person of drunk driving the prosecution must prove that the person either drove at a time when their blood alcohol level was .08% or higher, or, were impaired by alcohol, i.e., under the influence, at the time of driving.  Therefore, the primary defenses to a drunk driving charge are that you were not .08% or impaired by alcohol at the time of driving.  Despite the fact that your test result may have been .08% or higher, this does not necessarily mean that you were .08% or higher at the time of driving.

          The law is concerned with whether your blood alcohol level was .08% or higher at the time of driving.  A chemical test taken after you were arrested is only circumstantial evidence that must be related back to the time of driving. Depending upon when you finished drinking, when you ate, what you ate, your own unique physiology, etc., your blood alcohol level could have been below the legal limit at the time of driving and later rose to being above the legal limit by the time you were tested.  In such cases, it can be argued that you were not in violation of Vehicle Code section 23152(b), i.e., driving while having a blood alcohol level of .08% or higher.  The accuracy of the breath or blood test may also support a defense to a drunk driving charge.  For a discussion on challenging the accuracy of the chemical test, please click on the “Challenging the Chemical Test” box on the left hand side of this page.

          If there are explanations for your driving pattern and field sobriety test performance other than being impaired by alcohol, such evidence can constitute a defense to a charge of violating Vehicle Code section 23152(b), i.e., driving while under the influence/impaired.  For instance, if you performed poorly on the field sobriety tests because of some preexisting back/leg injury or because of unfair conditions in which you had to perform the tests, it can be argued that your performance on these tests does not demonstrate impairment caused by alcohol. 

B.) Secondary Defenses & Motions

          In addition to defenses to the merits of a drunk driving charge, there are other ways to defend such cases including the following:
1.) Establishing that the stop or arrest was illegal.  In order to stop a vehicle, an officer needs reasonable suspicion to believe you have violated the law and probable cause to arrest you.  If the officer stopped you absent a reasonable suspicion that you were violating the law or arrested you without probable cause to believe you were violating the law, you may be able to suppress all evidence which resulted from the illegal stop or arrest.  Absent this evidence, your case would likely be dismissed.
2.) Establishing that favorable evidence was lost or destroyed by the state in bad faith thereby violating your right to due process.
3.) Establishing that you were prejudiced by the state’s failure to prosecute your case in a timely manner.
4.) Obtaining statements from you in violation of your Miranda rights.
5.) Corpus delicti basis by which to suppress admissions or confessions.
 

These are just some of the potential defenses and motions that could be raised in a DUI case.  There are other potential defenses and motions not listed. In order to determine whether any of these defenses or motions may be applicable to your case, please consult with our office at: (805) 644-8363.

For information on Los Angeles County DUI Defense click here: www.CaliforniaDUI.info.