How to Defend Against Drunk Driving Charges in California
Driving under the influence is one of the most common criminal charges in California. Many people who have never been involved with the criminal justice system find themselves handcuffed and facing jail time for the first time. DUI charges are serious and can result in severe consequences. It is important to discuss your case with an attorney to determine your options.
At Chastaine | Jones, we represent individuals who have been arrested for driving under the influence in California. Whether it is your first offense or your third, we may be able to help. It is essential to contact our office as soon as possible after your arrest so that we can help get you the best possible outcome on your case. Contact our office today to schedule a case evaluation.
5 common defenses against DUI charges:
- No Reasonable Suspicion to Pull You Over
An officer must have reasonable suspicion to pull you over. If they did not have a valid reason for the stop, then they cannot pull you over under most circumstances. It can be difficult to prove that the officer did not have reasonable suspicion to pull you over. An attorney can review the police report as well as dash cam and body cam footage to determine if there was a violation of your rights.
- Lack of Probable Cause for the Arrest
In addition to having reasonable suspicion for the stop, an officer must have probable cause to place you under arrest. Without probable cause, an officer generally cannot place you under arrest. Therefore, if you did not show signs of impairment, the officer may not have enough of a reason to place you under arrest.
- Inaccurate Chemical Results
Whether you choose a breath or blood test, the results can still be inaccurate. Without the help of an attorney, however, it can be difficult to challenge the results. With blood tests, there may be a chain of custody issue. With breath tests, there are a number of factors that may render the results unreliable. For instance, if the breathalyzer was not properly calibrated or maintained, it may cause the results to be inaccurate.
- No Impairment
In order to be convicted of driving under the influence, a prosecutor must show that you were driving while impaired by drugs or alcohol. Impairment can be proved with a blood alcohol concentration of 0.08% blood alcohol concentration (BAC) or by your actions.
- No Proof of Driving
California Vehicle Code section 23152 states that it is unlawful for a person to drive while under the influence of alcohol or drugs. In order to be convicted, the prosecutor must show that you were driving a vehicle while impaired. If there was no evidence that you were driving at the time of the accident, you may have a solid defense to your case.
Arrested for a DUI in Gold River? Contact Our Office.
Were you arrested for driving under the influence in Gold River, CA? Contact our office to schedule a case evaluation. Our lawyers have decades of experience and can help you fight the charges against you. Get the representation you need and deserve.