How to Fight DUI Charges in California

Posted By Bill Nimmo & Raymond Gomez, Attorneys at Law || 16-Jun-2014

The state of California takes a strict stance on driving while under the influence. Law enforcement makes it a priority to pull over drivers who are intoxicated or potentially under the influence of drugs. There are often frequent DUI checkpoints set up in both residential and commercial areas. Due to the tough laws surrounding this crime and the enhanced enforcement by police officers, many people find themselves facing life-altering charges. DUI charges could not only affect your reputation and transportation abilities, but also your employment, your relationships and your future for years to come.

While many drivers accused of DUI get pulled over unlawfully, they are not equipped with the knowledge on how to fight these charges. Even if they do retain legal representation, they may be encouraged to plead guilty and seek lesser charges, rather than fight and have their charges completely dismissed. It is important that you have the proper counsel on your side to ensure that you are not unfairly convicted.

DUI Defense Strategies

Every case is unique and the best criminal defense strategy will depend on the surrounding circumstances. Even so, there are many common factors that may make fighting DUI charges easier than you think.

Some of the top factors that can be used to fight unfair DUI charges include:

  • No jurisdiction for pulling you over
  • Lack of probable cause for the arrest
  • Explanations for your "drunken" style of driving (such as fatigue, eating, or other distractions)
  • If the arrest was made solely on the basis of your breath smelling like alcohol (this doesn't prove any guilt)
  • The officer didn't inform you of your Miranda rights
  • Unauthorized roadside sobriety test used to arrest you
  • Approved roadside tests were not properly conducted
  • Any chemical test administered more than three hours after the stop (blood, breath or urine)
  • Officer didn't observe you for fifteen minutes before administering the Breathalyzer test
  • Breathalyzer not properly calibrated

These are just a few common issues that may be involved in a DUI case. Often times, these items are not handled in the proper way, causing police officers to unfairly arrest or accuse innocent individuals. When this happens, it allows a skilled Vista defense attorney to effectively build a strong defense on behalf of their client.

If you believe you have been unfairly charged with DUI or that your rights were violated, you may be able to have your charges dismissed. Contact our law firm today to schedule a consultation.

Categories: Criminal Defense, DUI