Is it possible to get a DUI dismissed in California? https://lamanolaw.com/dui-charges-dismissed/
An important question to be asked if you are arrested under the suspicion of driving under the influence: “is it possible to get my DUI charges dismissed?”
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>> Givelle Lamano:
Can a DUI be dismissed? The answer is yes. There are several DUI defenses and some of the most common ones include that you were not driving and there's actually proof of that, somebody else was driving. It could also be a rising defense, and a rising defense essentially means that at the time of your driving, your alcohol level was lower than what it was when it rose to a higher level at the police station or the hospital when you took a blood test. The other defense that you can use is what's called a mouth alcohol defense. This means that when you blew into a breath device, you actually had some alcohol in your mouth, which gave a falsely high chemical result in your case. Another defense is what's called a violation of Title 17. Title 17 is a part of the California Code of Regulations that explains what a police officer needs to do in order to investigate your DUI case.
>> Givelle Lamano:
A violation of Title 17 could be that your blood was not drawn in a medically approved manner, or that the breath machine that was used in your case wasn't properly calibrated. Those machines, like many machines, can also be inaccurate, and so they need to be calibrated either every 10 days or every 150 uses, whichever comes first. Another defense that you can use is that you are on a special high protein diet or you have a certain medical condition. There are several defenses for a DUI, and the best thing that you can do is to consult with a criminal defense attorney. If you have questions, please give us a call.