So you got a DUI and now you’re wondering what are the best ways you can beat a DUI? Here are 6 of the most common situations and the related important details that every driver should know in order to beat a DUI charge:
I. If the officer did not have probable cause
If the officer did not have reasonable suspicion to detain you In re Tony C. (1978) 21 Cal.3d 888, or probable cause to arrest you People v. Miller (1972) 7 Cal.3d 219, this could make your arrest null and void. Under the 4thamendment, we are free of unreasonable search and seizure and evidence obtained in violation of this rule may not legally be presented as evidence because it is deemed “fruit of the poisonous tree”. Wong Sung v. United States (1963) 371 U.S. 471.
II. If you were arrested at an illegal DUI checkpoint
If you were arrested at a DUI sobriety checkpoint that does not conform to the strict legal requirements under California law, the arrest may be deemed illegal. This means that even if you were driving under influence, if the checkpoint does not pass constitutional muster under Ingersoll v. Palmer (1987)43 Cal.3d 1321, your arrest was illegal and you have a good chance of winning the DUI hearing.
III. If the officer did not conduct a proper 15-minute observation period
If the officer does not strictly adhere to California’s Title 17 regulations, which state how breath and blood tests must be administered, collected, stored and analyzed; then the results of the breath test might not be valid or may not even be admissible in court.
One of the title 17 regulations is that the officer must observe the suspect for at least 15 minutes prior to conducting a breath test. This is to ensure that the suspect does not vomit, eat, drink, smoke or regurgitate anything else that may affect the results of the test. The failure to conduct this observation is common in California DUI investigations.
IV. If the police failed to properly maintain the breathalyzer
Title 17 also sets forth a long list of rules for how breath testing equipment needs to be maintained, checked for accuracy, and calibrated in order to be admissible evidence in a California court of law. Properly defending a DUI case involving a breathalyzer involves obtaining these records known as “breath logs” to inspect for any potential errors or maintenance issues that could effect the validity of the breath test results.
V. If your lawyer knows the basics of forensic toxicology
This is the dirty little secret of DUI law. The prosecution will try to present their case as a rock solid science based set of facts. But the reality is that the science of toxicology generally favors the defense. If your lawyer asks the right questions, the police and the witness from the county crime lab will have to admit that most of their testimony is based on assumptions and averages.
The driver in any specific case is never average. So if you change the values in the assigned averages or point out the assumptions and challenge them, you will be amazed how shaky that rock solid set of facts looks after further analysis. After effective cross examination, the prosecution’s expert will often change their opinion from “it’s a sure thing” to “maybe” or “could be.”
VI. If you were not driving the vehicle
If the officer did not personally observe you driving or the DMV or criminal prosecutor did not subpoena any witness to establish that you were, in fact, driving the car under the influence, you may have a good chance of winning the hearing.
VII. How to beat a DUI – Conclusion
While these are the 6 most common ways to beat a DUI, please be advised that every case is unique, as is the potential outcome. The best way to beat a DUI is with the help of an experienced California DUI attorney who has the experience and knowledge to build the best defense for your particular case. If you’re looking for a top California DUI lawyer, call the Law Offices of Mark A. Gallagher at 800-797-8406 to see how we can help you beat your DUI or send us a message below to schedule your free consultation. You can also CLICK HERE for additional contact information.
