How To Defense Against a DUI in California

Last Modified: May 15, 2023
May 17, 2023 | Rabin Nabizadeh | DUI

How to defense against DUI in California

Driving under the influence has been a serious problem across the country for a long time, and it is good news that drunk driving rates have fallen significantly, particularly given the advent of ride-sharing apps. Unfortunately, there are still situations where drunk driving does occur, and everyone must understand their options if they are charged with a DUI.

Your law firm can provide you with experienced drunk driving lawyers who can put forth the strongest possible defense and protect your rights. The facts of the case may be on your side. Still, you need to work with a California DUI defense attorney who can review your case, discuss your options with you, and put your situation in a favorable position to be resolved.

So, what do you need to do if you want to defend against a DUI charge in California? Look at a few possible defenses below, and schedule a case consultation with a DUI defense lawyer.

Fighting Your California DUI Charge

When you are looking for an attorney to help you fight your California DUI charge, you must work with an attorney specializing in this area. Look for firms with unparalleled experience representing clients of all backgrounds who have been charged with a DUI and can defend you well.

While every case’s circumstances differ, defenses can be customized to match your situation and ensure your voice is heard. What are some top ways to fight and beat a California DUI charge?

Best Ways to Fight and Beat Your California DUI Case

Best ways to fight and beat your california DUI case

Several strong defenses can be used to fight and beat a charge of driving under the influence in California. A few of the top defenses that can be employed include:


Defense 1: Bad Driving Does Not Automatically Equal DUI

There might be some situations where you have been pulled over because a police officer believes you are driving poorly. Then, when the police officer pulls you over, they decide you are guilty of driving under the influence.

Bad driving does not necessarily equal driving under the influence. It means that the police officer may not have had probable cause to pull you over. If you can show the police officer should never have pulled you over, then you may be able to get your case thrown out.

Defense 2: Objective Signs of Intoxication

Objective signs of intoxication

The police officer may have also charged you with a DUI because they felt you “looked” drunk. Just because you look intoxicated doesn’t necessarily mean that you are. There are plenty of other reasons why your behavior may have been off, and one of them might have been nervousness.

It can cause anxiety to be pulled over, and just because the police officer believes you look drunk doesn’t necessarily mean you are.

Defense 3: Faulty Field Sobriety Tests

Officers commonly administer a field sobriety test at the scene, but only some police officers administer them properly. You can claim that the field sobriety tests were faulty and improperly administered.

You could get your cases dismissed or thrown out if they were wrongly administered. You can ask your attorney to look at all of the evidence available to see if there was an issue with how the tests were administered.

Defense 4: Inaccurate Preliminary Alcohol Screening (PAS)

Inaccurate preliminary alcohol screening

You can claim that the breathalyzer test was administered improperly, usually called Inaccurate Preliminary Alcohol Screening (PAS). There are plenty of reasons why this test might be inaccurate, and one of the most common reasons is that someone may still have alcohol in their mouth. You can look at how the breathalyzer was performed, and if there was an issue with the test administration, you could get your case dismissed.

Defense 5: Your BAC Was “On the Rise”

If the state has evidence that your BAC was greater than 0.08, you may be charged with a DUI. At the same time, how does the state know that the BAC they have is the same as your BAC when you are behind the wheel?

You can claim that you have a rising blood alcohol concentration, meaning that your blood alcohol concentration was higher when the test was done than when you were behind the wheel. It means that your blood alcohol concentration may have been significantly lower when you were behind the wheel, and it might be low enough that you were not guilty of driving under the influence.

Defense 6: GERD Defense for DUI

GERD defense for DUI

If you suffer from a condition known as gastroesophageal reflux, usually known as GERD, it could make some of the tests inaccurate. If you suffer from acid reflux and can prove that you have this condition based on your medical records, you may have a strong defense against a DUI. Your attorney might ask for a copy of your medical records.

Defense 7: Faulty Breathalyzer Test

You can claim that the breath test machine was broken. The result is only accurate if the machine works properly, and you can look at all the maintenance records for the breathalyzer device they use. If you find that the breathalyzer was not calibrated correctly, you can claim that the results are unreliable, which could be enough to throw your case out.

Defense 8: Improper Administration of a Blood Test or Protocol

Improper administration of a blood test or protocol

If the police officers did not follow all proper protocols when handling your sample, or if the machine used to test your blood was not calibrated correctly, you may be able to get the results thrown out entirely.

The police officers must preserve the sample’s integrity as it moves from place to place. If there is a break in that chain of custody, or if the blood sample is unreliable because the blood test machine is unreliable, it could be enough to get your case dismissed.

Defense 9: The Arresting Officer(s) Didn’t Follow Proper Procedures

When you are arrested, the arresting officers must follow all proper procedures. You have rights, and they need to be protected. If the police officers made mistakes as you moved from place to place, it could be enough to get your case thrown out.

Your attorneys will look at everything that happened from the moment you were arrested, and if the police officers broke procedure in any way, they might be able to get your case thrown out.

Defense 10: Extenuating Circumstances

Finally, you can claim that there were extenuating circumstances. For example, if you have diabetes, certain treatment options could impact different types of blood alcohol tests. Or, if you can show that your life was in imminent danger when the police pulled you over, it could be enough to get your case thrown out.

These are a few defenses you can use if you have California DUI charges. Your attorney will assess your options and decide on the best action.

Get a DUI Attorney on Your Side

You may think you can employ some of these defenses independently, but you must get a California DUI lawyer. A DUI conviction for a BAC above the legal limit under California DUI laws could lead to immediate suspension or revocation of your license. You may also face significant fines and penalties and even find yourself in jail.

To minimize the chances of this happening, you must put forth the strongest possible defense.

Schedule an Initial Consultation With Our DUI Attorney at Summit Defense to Fight Your DUI Charges

Initial consultation with our DUI Attorney

Even if you have not been charged with a DUI, it is still essential for you to schedule a case consultation with us as quickly as possible. When you know you are being investigated for the possibility of driving under the influence, you need to get an experienced DUI attorney involved.

At Summit Defense, we always put the needs of our clients first, and we can do the same for you. If you want to learn more about how we can help you fight a DUI charge in California, contact us today to schedule your case consultation.

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