There are multiple ways to fight a DUI case in California, some of which include:
The Driving Pattern
Did an officer witness that the driver was operating the vehicle in an incorrect manner? This does not have to mean the person is driving under the influence? At different points in time – a rough day, exhaustion, or something imminent on the mind – may have contributed to the driver’s inattentiveness while driving.
Officers are typically trained to be on the lookout for specific driving patterns like stopping too suddenly and repeatedly; not using the correct signals while driving; speeding; merging to and from a traffic lane; and more. * Use these as tips to avoid a DUI arrest.
The Field Sobriety Test
Ask a lawyer: how can you cross-examine the results and scenarios of the initial sobriety test. After all, this can be used as evidence in the courtroom. A lawyer may question whether variables like spectators, weather conditions, or the defendant’s nervousness, might have affected his or her performance – and hence the failure. Do you get nervous when performing a test with life-changing consequences? A lot of people do.
15-Minutes to Recognition
Reference the California Highway Patrol to determine what the window of recognition is for officers to suspect alcohol intoxication. You will find that officers are required to analyze a driver for at least fifteen minutes prior to requesting a Breathalyzer test.
Did the Defendant Have Alcohol in His or Her Mouth?
Certain individuals have the presence of alcohol in his or her mouth – on any given day. This can lead lawyers to retest the samples, in order to determine if the alcohol detection was false.
Certain conditions can promote the presence of alcohol in the mouth, including dental fillings, intestinal or stomach-related conditions, drinking certain beverages, and more.