If you are charged with a DUI, there are a variety of different defenses that you can use to challenge the prosecution. At Darwish Law, we highly suggest that you enlist the help of a seasoned DUI attorney. Our team includes a former public defender who has a unique experience with the courts in Santa Ana. The firm is committed to personal and customized reputation, and the team will work with you to find a creative solution that works best in your case.
DUI Defense #1: Sober People Drive Poorly, Too
Individuals who didn't have a drop to drink may still be charged with a DUI in some circumstances. If you were driving recklessly on the road, a police officer may pull you over and suspect that you are intoxicated. Sometimes, police officers can confuse fatigued drivers with intoxicated drivers because they may have the same bloodshot eyes and slurred speech.
DUI Defense #2: Physical Symptoms Are Not Conclusive Evidence
If a police officer charged you with a DUI because of these symptoms, challenge the charge in court:
- Red, watery eyes
- Slurred speech
- Flushed face
- Strong odor of alcohol on your breath or in the car
- Unsteady gait when walking
These physical characteristics often identify drunk drivers, but they cannot be used as solid evidence.
DUI Defense #3: Field Sobriety Tests
Similar to the physical symptom defense, you can argue that were charged with a DUI simply based on the optional field sobriety test results. You can refuse to perform these exercises at a DUI stop, and if they are used as conclusive evidence of your intoxication, challenge this in the courts.
DUI Defense #4: Erroneous Breath and Blood Tests
One of the most popular DUI defense is in regards to incorrect blood and breath tests.
Breath tests can be inaccurate due to:
- Machine malfunctions
- Inaccurate breathing patterns by the suspect
- Failed police protocol
- Confused results
- Failing to observe the necessary 25 minute observation period
- Various illnesses and health conditions (such as GERD)
- Other substances mimicking alcohol in the body such as:
- Inhaler use
- Prescription medications
- Cough syrup
- Some lip balms
Blood tests can be inaccurate due to:
- Improper storage
- Improper testing
- Delayed testing
DUI Defense #5: Improper Police Protocol
The police are given very specific instructions about how to conduct a DUI traffic stop and arrest. If you suspect that you were not fairly treated during this traffic stop, an attorney can help you to craft this into a defense.
- Were you pulled over for a just cause?
- Were you discriminated against?
- Did the officer read you your Miranda Rights?
- Did the officer wait 15 minutes before issuing a breath test?
Customized Defense in Santa Ana DUI Cases
We want to customize a DUI defense that works best for you. Don't hesitate to contact our firm today if you want more information about how we can help you with your case. We want to meet with you and hear more about your unique circumstances. We will then develop a defense that will be most effective in your situation. Call today to learn more