Facing a DUI or DWI charge can be a daunting and life-altering experience. The consequences of a conviction can include hefty fines, license suspension, and even jail time. As a former prosecutor and experienced criminal defense attorney with the Lamano Law Office, I’ve seen the full spectrum of DUI cases and the various strategies that can be employed to fight these charges.
Let’s delve into common defense strategies used in DUI cases, including questioning the validity of sobriety tests, the accuracy of breathalyzer results, and other factors that could influence the outcome of your case.
Understanding DUI Charges
In California, driving under the influence (DUI) refers to operating a motor vehicle while impaired by alcohol or drugs. The legal limit for blood alcohol concentration (BAC) is 0.08% for most drivers. However, even if your BAC is below this threshold, you can still be charged with DUI if you are deemed impaired.
DUI charges can result from various scenarios, such as:
- Failing a field sobriety test (FST)
- Failing a breathalyzer or blood test
- Being involved in an accident where impairment is suspected
Given the serious implications of a DUI conviction, it’s crucial to have a strong defense strategy. Here’s a detailed look at some common defense tactics used to challenge DUI charges.
Questioning the Validity of Sobriety Tests
Field Sobriety Tests (FSTs) are commonly used by law enforcement to assess a driver’s level of impairment. These tests typically include:
- Horizontal Gaze Nystagmus (HGN) Test: This test measures the involuntary jerking of the eyes as they follow a moving object.
- Walk-and-Turn Test: This test assesses balance and coordination by requiring the driver to walk in a straight line and then return in the opposite direction.
- One-Leg Stand Test: This test evaluates balance by having the driver stand on one leg for a period of time.
While FSTs are used to gauge impairment, they are not always reliable indicators of intoxication. Several factors can affect the accuracy of these tests:
Test Conditions and Administration
Field sobriety tests must be administered under specific conditions to be valid. Factors such as poor weather, uneven surfaces, and inadequate lighting can impact the results. Additionally, if the officer does not follow proper procedures during the administration of the tests, the results may be challenged.
Physical and Medical Conditions
Certain physical and medical conditions can affect a person’s ability to perform FSTs. For example, individuals with balance disorders, injuries, or neurological conditions may struggle with tests designed to measure coordination and balance. A criminal defense attorney can argue that any observed impairments are due to medical conditions rather than intoxication.
Officer Training and Experience
The accuracy of FSTs also depends on the officer’s training and experience. Officers must be properly trained to administer and interpret these tests. If an officer’s training is insufficient or their interpretation is questionable, it may weaken the prosecution’s case.
Challenging Breathalyzer Results
Breathalyzer tests are used to measure BAC by analyzing the alcohol content in a person’s breath. While these devices are commonly used in DUI cases, several issues can affect their accuracy:
Calibration and Maintenance
Breathalyzers must be properly calibrated and maintained to ensure accurate results. If a device is not regularly serviced or calibrated according to manufacturer guidelines, its reliability may be compromised. A defense attorney can request maintenance records and calibration logs to verify whether the device was functioning correctly at the time of the test.
Test Administration
Breathalyzer tests must be administered correctly to yield accurate results. Factors such as improper use of the device or failure to follow procedural protocols can impact the outcome. For instance, the device should be used after a specified observation period to avoid interference from substances in the mouth, such as mouthwash or chewing gum.
False Positive Results
Breathalyzers can produce false positive results due to various factors, including medical conditions like diabetes or the presence of certain chemicals in the breath. An experienced criminal defense attorney can explore these possibilities to challenge the validity of the breathalyzer results.
Challenging Blood Test Results
Blood tests are another method used to measure BAC, and they are generally considered more accurate than breathalyzer tests. However, issues can still arise:
Sample Handling and Storage
Blood samples must be handled and stored properly to prevent contamination or degradation. Any mishandling or failure to follow proper procedures can affect the test results. A defense attorney can scrutinize how the blood sample was collected, processed, and stored.
Laboratory Errors
Errors in the laboratory testing process can also impact the results. For example, improper testing procedures or cross-contamination with other samples can lead to inaccurate results. An attorney can request laboratory records and consult with forensic experts to assess the reliability of the blood test.
Establishing Procedural Violations
Procedural violations by law enforcement can significantly impact a DUI case. Common violations include:
Illegal Stop or Arrest
For a DUI charge to be valid, the initial stop or arrest must be lawful. If law enforcement did not have a valid reason for stopping your vehicle or making an arrest, the evidence obtained may be inadmissible in court. A defense attorney can investigate whether your rights were violated during the stop or arrest.
Lack of Probable Cause
Police officers must have probable cause to administer sobriety tests or arrest you for DUI. If there was no reasonable suspicion or evidence to justify the testing or arrest, this could undermine the prosecution’s case.
Presenting Alternative Explanations
In some cases, presenting alternative explanations for your behavior or the evidence against you can be effective. For example:
Medical Conditions
Certain medical conditions or medications can mimic symptoms of intoxication. If you were experiencing symptoms due to a medical condition or medication, it may explain the observed behaviors without implicating intoxication.
Environmental Factors
Environmental factors such as strong odors or adverse weather conditions can influence test results or observations. Demonstrating how these factors played a role can help challenge the prosecution’s claims.
Building a Strong DUI Defense at Lamano Law Office
Navigating a DUI charge requires a strategic approach and an in-depth understanding of the legal and technical aspects of the case. At Lamano Law Office, our team of experienced attorneys combines our background as former prosecutors with our current role as dedicated defense advocates to provide comprehensive DUI defense strategies.
We meticulously examine every aspect of the case, from questioning the validity of sobriety tests to challenging breathalyzer and blood test results. By identifying procedural violations, presenting alternative explanations, and leveraging our expertise, we work tirelessly to protect your rights and achieve the best possible outcome.
If you or a loved one is facing DUI charges, don’t leave your future to chance. Contact Lamano Law Office today for a consultation. We’re here to provide you with the experienced, knowledgeable, and aggressive representation you need to fight your charges and move forward with confidence.
