In California, a DUI/Driving Under the Influence is a crime that results in several legal, financial, and personal consequences that impact your career and freedom. However, many drivers believe that failing a breathalyzer or field sobriery test is cause for immediate conviction. In fact, there are defenses available because the California DUI laws are technically complicated and there are many procedural and/or evidentiary technicalities that provide defendable and or contestable issues.
Educating yourself on possible defenses to DUI charges is not trying to avoid problems or accountability, but a means to ensure that the legal process is functioning and the person’s constitutional rights are not violated.
California DUI Charges: The Charges and Their Complexity
During a DUI prosecution in California, the prosecution is able to connect two specific charges. These charges can be found in the California Vehicle Code, Section 23152. The first charge, VC 23152(a), states that a driver cannot be under the influence of alcohol and/or drugs, regardless of what their blood alcohol concentration (BAC) is. The second charge, (VC 23152(b), states that a driver is not legally able to drive their vehicle if their BAC is at 0.08% or above. Therefore, a driver cannot drive their vehicle if their BAC is above the legal limit, even if their driving ability is not impaired. This is why prosecutors attempt to include both charges.
This dual-charge approach means defendants face two distinct legal battles. For those looking to find out more about how these charges interact and the specific defenses applicable to each, consulting with experienced legal counsel becomes essential.
Challenging the Traffic Stop Itself
Every DUI case begins with a traffic stop. The police have to have reasonable suspicion that there is a traffic violation or criminal offense to make the traffic stop. Police are not allowed to pull cars over based on a hunch. They need to have a concrete reason. If the stop was not made with a proper legal reason, such as an unverified tip, or a made up violation, then there will be no evidence.
The Constitution protects this right. When evidence is suppressed, the prosecution has a much weaker case. Charges are sometimes amended to lesser ones, or dismissed altogether.
Challenging A DUI Test
Blood tests and breath tests are the primary forms of evidence in DUI trials. However, they can be challenged. For example, the California Title 17 regulations provide the procedures that regulate how chemical tests are to be administered, preserved and stored. If it is proven that there was no proper calibration, out of date Certification, or there was a break in the evidence chain, then the blood results are no longer reliable.
The issue of \”ascending blood alcohol levels\” also complicates matters. The body does not immediately absorb alcohol. Therefore, it is possible a driver could have a lower BAC than the test result at the time of driving. Defendants can often win cases because blood alcohol levels are less than the legal limit, even if the level is above 0.08% at the time of the test.
The noted field sobriety test is said to suffer the following weaknesses. The tests have been standardized, are meant to pin down the drivers on the level of intoxication, and are meant to detect the absence of impairment. Unfortunately, the said tests have limitations, and numerous defense attorneys have been seen to take advantage of the gaps.
Medically, physiologically, with crosses of the feet, with a certain shoe(s), on given surfaces, in given weather, and through nervousness, certain completely sober individuals have been seen to produce an adverse reaction, and to have “failed” the tests, etc. Officers are required to give certain instructions, and positive results can work against the officers. Drunk driving enforcement is driven by the high number of deaths and criminal enforcement is equally prone to errors, and without criminal enforcement, the number of wrongful arrests will be reduced.
In California, a first DUI conviction results in license suspension, at least 3 years of probation, mandatory DUI education, DUI fines, possible jail time, and in some cases, ignition interlock device (IID) requirements. Any DUI conviction within 10 years of the first conviction results in more severe jail time and a longer period of license suspension.
Additionally, a conviction results in professional license repercussions, employment opportunities, and a rise in insurance premiums. For non-citizens, a conviction can affect their immigration status.
Take Action
After a DUI arrest, there are 2 cases that are worked on at the same time. The first is the criminal case where the defendant faces the judge, and the second, independent case is where the defendant needs to face the DMV for a license suspension. Defendants only have 10 days to contact the DMV to schedule a hearing in order to avoid a license suspension, and that time is often spent in shock of the ordeal.
The short amount of time to work on the criminal case is why defendants need to contact a lawyer as soon as possible. Once a trial date is set, there are a lot of things that are too late to do, such as retain experts or simply work on the case.
The Future
There are a lot of possible defenses in order to avoid a DUI conviction. Without the knowledge of the possible defenses, many individuals simply have to accept the plea bargain from the prosecutors.
The legal system starts with presuming the defendant’s innocence and shifts the burden of proof to the prosecution. The defendant’s DUI defense is built around the prosecution’s burden being met by following the proper legal processes, securing evidence that is deemed reliable, and adhering to the defendant’s constitutional rights.
