Effective Ways Of Fighting A DUI In California
Introduction
Welcome to Benjamin Shettell, MD - your trusted resource for expert legal assistance in fighting a DUI in California. Our team understands the complexities surrounding DUI cases and is dedicated to providing comprehensive support to clients seeking effective defense strategies. In this article, we will delve into various proven ways to fight a DUI charge, helping you to navigate the legal system with confidence and protect your rights.
Understanding DUI Laws in California
Before discussing the tactics involved in combating a DUI charge, it is important to grasp the fundamentals of DUI laws in California. DUI, or Driving Under the Influence, refers to operating a motor vehicle while impaired by alcohol or drugs. In California, the legal blood alcohol concentration (BAC) limit for individuals over 21 years old is 0.08%. For drivers under 21 and individuals with commercial driver's licenses, the limits are stricter.
1. Challenging the Traffic Stop
A crucial element in fighting a DUI charge is scrutinizing the initial traffic stop. Law enforcement officers must have reasonable cause to stop a vehicle. If there is evidence suggesting an improper stop, such as lack of probable cause, it can weaken the prosecution's case.
2. Questioning Field Sobriety Tests
Field sobriety tests are often conducted to assess a driver's level of impairment. These tests, including the walk-and-turn, one-leg stand, and horizontal gaze nystagmus, are subjective and can be influenced by various factors, such as physical conditions or nervousness. Challenging the reliability and accuracy of these tests can cast doubt on the accuracy of the DUI charge.
3. Analyzing Breathalyzer Results
In California, law enforcement commonly uses breathalyzer tests to measure BAC levels. It is important to investigate potential flaws in the administration or calibration of the breathalyzer device. Factors like improper training, device malfunction, or external interferences can significantly impact the validity of the results, forming a basis for defense.
4. Examining Blood Test Procedures
If you underwent a blood test for BAC analysis, it is crucial to thoroughly analyze the procedures followed. Mishandling, contamination, or improper storage of blood samples can compromise the accuracy of the results. Skilled legal representation can help you assess whether proper protocol was followed throughout the testing process.
5. Investigating Law Enforcement Misconduct
In some cases, law enforcement officers may have engaged in misconduct during the arrest, such as violation of your constitutional rights or incorrect adherence to legal procedures. Identifying and exposing any misconduct can potentially lead to the dismissal of the DUI charge.
6. Utilizing Expert Witnesses
Expert witnesses can play a crucial role in strengthening your defense. Their specialized knowledge and experience can help challenge the prosecution's case, whether by disputing the accuracy of tests or providing alternative explanations for observed behaviors. Engaging the right experts can significantly enhance your chances of a favorable outcome.
Conclusion
When facing a DUI charge in California, it is vital to remember that you have options and rights. Benjamin Shettell, MD offers expert legal assistance to help you navigate the complexities of DUI cases. By challenging the traffic stop, questioning field sobriety tests, analyzing breathalyzer and blood test results, investigating law enforcement misconduct, and utilizing expert witnesses, you can effectively fight a DUI charge. Contact our experienced team today to discuss your case and let us provide the guidance and support you need.
