DUI DEFENSES
The following are a few of the many defenses to a DUI case.
Motion to Suppress Evidence
(1538.5 motion)
The best defense to a DUI charge is that the officer did not have proper grounds to make contact with you. If you can convince a judge of this fact through a 1538.5 motion, your case will be dismissed without even going to trial. One of the best examples of a good 1538.5 issues is that the officer stopped you for failing to use your turn signal. The only time using your turn signal is necessary is when “traffic is being affected.” Many police officers don’t understand this concept, but most judges in Orange County do!
No Driving
The first issue a prosecutor has to prove in a DUI case is that you were driving a motor vehicle. In some cases the police officer does not actually see you driving. When only circumstantial evidence exists, the defense that you weren’t actually driving can be very effective.
Scientific Defenses
There are a variety of scientific defenses that require expert testimony. Some are more effective than others depending on the facts of your case.
The two best scientific defenses are:
Rising Blood Alcohol
The law requires that you not have a blood alcohol level of .08% or greater at the time of driving. What your blood alcohol level was before or after driving is irrelevant if you can prove that at the time of driving, your blood alcohol level was below a .08%. An expert can testify, depending on your drinking pattern, that even though you were a .08% or greater at the time you were tested, you were actually below a .08% at the time of driving. This has proven to be a very effective defense in many cases.
Margin of Error
The breath test used to measure your blood alcohol level has a margin of error of .01% to .02%. There is built–in reasonable doubt on a test result of .08%. This is definitely a very effective argument at trial.
Contact The Law Office of Amy McDonald Today!
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