Just because you received a DUI doesn't mean you have to accept it; experienced attorneys can prepare a DUI defense in Sacramento, to preserve your rights.
Did you know that every year more than 10,000 people die from alcohol-related car accidents? This is just one of the reasons why DUI charges are so serious, especially in California.
If you find yourself faced with one of these charges, then you must do everything you can to build up your defense. If you want to learn more about how to improve your DUI defense Sacramento, then you’re in the right place.
In this article, we’ll give you some of the best ways to win your case. We’ll also give you the resources to find a California defense lawyer you can trust. Let’s get started.
What Counts as a DUI in California?
Before we go over some DUI defenses, it’s important to first understand what counts as a DUI charge. A DUI charge depends on the driver’s blood alcohol content (BAC) level at the scene.
For a normal driver who is over the age of twenty-one, this BAC level can’t be higher than .08%. If the driver is operating a commercial vehicle or has passengers for hire, then their level can’t be higher than .04%. Unfortunately, the rules are most strict for drivers under the age of twenty-one. These individuals can’t have more than .01% BAC.
Different Ways to Challenge a DUI Charge
Most of the time a DUI charge is pretty cut and dry. As such, building a defense around it can be an incredibly difficult undertaking. However, there may be some loopholes and defenses that might be able to clear you of the charges.
Just keep in mind that these types of strategies don’t typically work unless you have sufficient evidence and a good lawyer. Here four popular ways that people bolster their DUI defense.
1. Show That You Weren’t Driving
Often it’s fairly easy for an officer to prove that you were driving the vehicle. This is because most DUI is given after a car is pulled over by a police officer. If you were driving, then there’s no point in pursuing this type of defense.
However, if you were simply sitting in the car, without it turned on, then you may be able to argue that you had no intention of driving it. This occurs a lot when an intoxicated person gets in their car to “sleep off” the alcohol.
Some states have strict policies when it comes to DUI cases. In these states, even sitting in a parked car can land you a DUI charge. Luckily, California isn’t this strict. If you’re able to prove that you had no intention of driving the car, then you can greatly increase the strength of your case.
2. Prove That the Police Stop Was Invalid
To pull you over a police officer must prove that they had reasonable suspicion. This means that they need a good reason for believing you were driving under the influence.
If an officer doesn’t have reasonable suspicion, or if they didn’t accurately follow police procedures, then the evidence can be ruled as inadmissible. When this occurs, then the case is dropped completely.
There are plenty of loopholes to prove that the officer didn’t follow the procedure during the traffic stop. However, typically this type of defense will require some deft legal skills by an attorney. A witness helps with this type of argument. So, if you can find someone who was at the scene, then your defense will improve greatly.
3. Demonstrate There Was a Problem With the Test
Breathalyzers are fickle devices. They can break, malfunction, or provide incorrect readings through calibration. The same goes for many of the in-field blood tests that police administer.
If your lawyer has a strong grasp of California DUI laws, then they may be able to prove there was a problem with the device that measures your intoxication. When this occurs the evidence becomes inadmissible.
4. Show That You Weren’t Intoxicated
Sometimes people act suspiciously at a traffic stop, which an officer automatically attributes to intoxicated behavior. However, often there is a good explanation for these types of abnormalities.
For example, a person may have failed a field test because they have a physical impairment from a disability or leg injury. Bloodshot eyes can sometimes be given as adequate reasonable suspicion.
But what if you have allergies, contacts, or suffered from lack of sleep? Similarly, people can fail speech tests from understandable nervousness or fatigue.
Unfortunately, it’s hard to bolster this defense if an officer administered a breathalyzer, blood, or urine test at the site of the incident. If you tested above .08%, then you will need to prove that something went wrong with the test.
DUI Defense Sacramento
As you can tell, it’s very difficult to fight against a DUI charge. This is especially true if you have multiple offenses stacked against you. You can try to fight this type of case by yourself, but without legal help, you aren’t likely to win.
As such, you must find a Sacramento lawyer that understands the intricacies of these types of cases. But how do you find a law team you can trust? As long as you follow these tips, then you’re sure to find a good lawyer.
Need Help With Your DUI Case? Get in Touch With Prentiss Law
We hope this article helped give you some ideas on how to bolster your Sacramento defense. Unfortunately, it can be difficult finding a quality DUI attorney who cares more about your needs than your money.
If you live in Sacramento, or anywhere in the Northern California area, then look no further than Prentiss Law. Timothy M. Prentiss II has been fighting for the rights of his clients for over fifteen years.
This gives him unmatched experience and empathy in dealing with these delicate cases. If you have a DUI charge against you, then don’t delay. Contact our law office as soon as possible to get the best chance of winning your case.