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DUI Defenses

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Any lawyer who has handled DUI could list DUI defenses. They are related directly to the law, and as such, it is part of his job. With that in mind, here are some DUI defenses, and a brief explanation of when it might be applicable.

Miranda-

You have heard this term on television hundreds of times. If you were under custody, the officer was asking you questions, and you answered those questions, without being read your rights, you may have a Miranda defense. Significant blood alcohol difference- If you blood alcohol was significantly different at the scene (where you were pulled over) and at the jail, there may be a defense which would raise reasonable doubt in a trial.

Probable Cause-

The police have to have a proper reason to pull you over. If the officer pulled you over because you were weaving within your lane slightly, this may be an invalid stop. The stop must be justified as a matter of law. For that reason, your attorney should argue it was invalid, it just may save the day.

Rising Blood Alcohol-

This defense is based on logic. Basically, if you were only slightly over .08 at the time you were pulled over, and then went up by the time you got to the jail, relating back to before you were driving might suggest you were under the .08 legal limit for driving. Simply put, rising blood alcohol can result in factual innocence.
The hiccup defense-

You got it, the hiccup defense. As it sounds, if you were hiccupping prior to a breath test, it may invalidate the results of the breath test.
Incredibly Dead Drunk defense-

Some people may be able to drive at relatively high blood alcohol, however, at some point, people cease to be able to process alcohol. This is known as alcohol poisoning. A point not so far away from that is when a normal person ceases to be able to do anything, and ultimately leads to their death. With a forensic toxicologist, some blood results may be invalidated by being SO high, they are unbelievable, since a normal person would have likely been deceased.

Title 17-

Those public officials that draw your blood have to do so in a manner consistent with law. Not doing so can create a situation where your blood alcohol results are either not reliable, or which a judge will throw out.
It wasn't me-

If you can prove you were not driving the car which the officer's pulled over, this is a valid defense. If you were in another state or country at the time of the stop this is a complete defense to DUI. We will want to review the police report and any fingerprinting that was performed.
I was on a bicycle-

In recent years, some prosecutors have decided to attempt to change the law without a proper vote. The law in California for DUI requires that you operate a "motor vehicle," no motor, no conviction.
Drank after stopping-

There is no law that prevents an adult from drinking in a private place, only to prevent drinking and driving. Some people have been known to drink the six-pack they just bought at the store after an accident because they were so scared. I do NOT encourage that type of behavior, but that does not mean it does not happen.
No connection-

A high blood alcohol, and no signs of intoxication is a logical disconnect. Many juries will not believe someone had such a high blood alcohol, if there were no signs they were intoxication.
VERY IMPORTANT:

Remember, all these are defenses. It is the job of the lawyer to argue these defenses. No defense is perfect, nor is any arrest. That is why your lawyer fights for you, to poke holes in your stop and arrest.
What is your defense? Call today to figure that out.