California DUI Defenses

Many people who are arrested and charged with driving under the influence (DUI) automatically assume that they will be found guilty. Nothing could be further than the truth. With an experienced DUI defense lawyer on your side, you may be able to have your drunk-driving charges minimized or even dismissed altogether.

There are several types of California DUI defenses that may be used in your case. Experienced San Diego DUI defense lawyers regularly attend DUI defense seminars in order to keep up-to-date on the newest laws and defense strategies. San Diego DUI lawyers will work closely with you to develop a defense strategy to fight your drinking and driving charges.

One of the biggest pieces of the prosecution’s evidence is the arresting officer’s testimony. The police officer will undoubtedly testify about your driving patterns at the time of your arrest. He or she may say you were driving too slowly, driving at uneven speeds, hesitating while going through a green light, or weaving from one lane to another. Your defense attorney can argue that there were other reasons for these driving patterns that have nothing to do with intoxication.

The police officer will also testify about your appearance and behavior. He or she may say that your eyes were bloodshot, your speech was slurred, your pupils were enlarged, you stumbled, or that you acted in an inappropriate manner (i.e., making jokes, arguing). Your attorney may point out that these observations could be made of a large number of conditions such as allergies, irritated contact lenses, lack of sleep, stress, medications, physical impairments, or nervousness.

During a DUI arrest, an officer may ask you to perform field sobriety tests in order to determine if you are under the influence. These tests may include the walk-and-turn, the one-leg stand, and the horizontal gaze nystagmus test. The first two tests are used to measure your physical and cognitive abilities. Your attorney may attribute a failing score on these tests to lack of sleep, medication, or physical impairment.

The horizontal gaze nystagmus test measures the jerking of your eyeball as you follow a stimulus from side to side with your eyes. Alcohol is one factor that can lead to nystagmus. Your attorney may point out that there are a variety of medical conditions, such as brain trauma or eye problems, that can lead to nystagmus.

The blood alcohol content (BAC) test results are often the most damaging piece of evidence in a DUI case. However, the test results are not always accurate. Dedicated San Diego DUI attorneys are usually certified operators of the breath-testing machines that California law enforcement agents use. San Diego DUI lawyers are familiar with the machine’s strengths and weaknesses. For example, medical conditions such as acid reflux can cause an inflated test result. An attorney will also check to see if the machine has been properly maintained and calibrated—if it isn’t and can attack the validity of the test results.

For more information regarding California DUI defenses, contact an attorney.