If you have been arrested for DUI, the first thing you should do is speak with a knowledgeable attorney who has a proven track record of successfully representing DUI clients. Speaking with an experienced DUI defense lawyer is the first step in building a strong case and solid defense. By working with a DUI Attorney, you can review your case and question the facts surrounding your individual situation. A skilled lawyer may be able to find law enforcement or test result errors that will aid in your defense. In some cases, law enforcement errors or mistakes can lead to the reduction or dismissal of a defendant’s criminal charges. Some common errors made by law enforcement, which may be used as legal defenses in your DUI case include:

• Failure to Read Miranda Rights - If the arresting officer failed to read you your Miranda Rights, statements you made after your arrest can be excluded from evidence. In California, a police officer must read you your Miranda rights if they hold you in custody and question you about the events prior to your arrest.
• Lack of Probable Cause - Before law enforcement can arrest you for DUI, they must have probable cause. Probable cause is a reasonable belief that a crime was committed. This means that an officer must have a reason to believe that the accused was drunk and operating a motor vehicle before they can make a legitimate arrest.
• Unlawful Traffic Stop – A police officer can only make a traffic stop for a suspected DUI if they observe specific driving behaviors. If the officer fails to provide justifiable reasons for the traffic stop, the accused is entitled to a “suppression hearing.” At the suppression hearing, a judge will decide if the police officer met the standard for a legitimate DUI stop. If not, the entire DUI case can be dismissed.
• Inaccurate Field Sobriety Test Results - Often people are not able to perform the field sobriety tests (FST) to an officer’s expectations. A person may fail the field sobriety tests due to fatigue, weather conditions, lack of direction, or nervousness. All of these factors can impact the results of FST performance, even if the person is sober.
• False BAC Readings – A breath alcohol test can report high readings if alcohol is still being absorbed into a person’s bloodstream. When alcohol absorbs into the bloodstream, it is called the absorption phase. The absorption phase can last up to 3 hours after the person has finished drinking. If a breath test is administered during this phase, results can be false. It is important to understand that if you are arrested for a DUI, the prosecutor must show that you were over the legal limit at the time of driving. Thus, if you do not take a chemical test until after you are detained for a DUI, your blood alcohol may be higher than it was when you were actually driving.
• Other Defenses – There may be other defenses available to you depending on the facts and circumstances surrounding your case.

Los Angeles and San Bernardino DUI Defense Attorneys

The Los Angeles DUI attorneys at The Chahine Law Firm prepare a strong defense strategy used to find technical errors or police mistakes or misconduct. This information is used in negotiations with the prosecutor or at trial. As a result of our preparation and perseverance, we often are able to have drunk driving charges reduced or dismissed. However, when a conviction is unavoidable, we always seek alternatives to jail, such as alcohol treatment and other options including community service. Contact us today for a free case evaluation.