How To Beat A DUI in Rancho Cucamonga
Citizens often mistakenly believe that it is nearly impossible to defeat a driving under the influence (DUI) charge in California and that attempting to fight such a charge in court is a waste of time and money. While successfully defending against a DUI charge often requires the assistance of a skilled Rancho Cucamonga DUI attorney, it is certainly possible to win DUI cases in California! Furthermore, the cost of fighting a case is usually minor compared to the cost/effect (both financial and otherwise) that accompanies a DUI conviction!
The commonly held misconception that DUI cases are not defendable likely stems from a misunderstanding of how the law actually works in real life. This is understandable as Hollywood often portrays our legal system in an overly simplified manner by implying that any driver who fails a BAC test will be convicted of driving under the influence. In real life this is simply not true. Even if a driver’s BAC test result was .08% or higher there may be possible arguments that can be made in order to raise reasonable doubt and destroy the prosecution’s case. To give you an idea of what we’re talking about some often-overlooked unusual DUI defenses are outlined below.
Environment factors impacted my BAC test…
If the driver is exposed to certain hazardous or toxic chemicals/fumes in their everyday environment they may have altered the results of their BAC test. For example, mechanics, manicurists, scientists, chemical plant workers, etc. sometimes experience long-term exposure to such environmental factors.
My BAC was not over the legal limit while I was driving… Rising BAC defense
When a California driver refuses to submit to a roadside breathalyzer test he/she may be arrested and taken to the local police department and given a blood test in order to determine their blood alcohol concentration. This process often takes a considerable amount of time. The driver is read their rights, placed under arrest, driven to the police department, processed, and tested. If this blood test shows that the driver’s BAC is slightly over the legal limit the driver may be able to argue that their BAC was actually below the legal limit when they were driving, but was on the rise and was therefore over the limit by the time their blood was tested.
I am on medication that skewed my breathalyzer test results…
There are several medications (and other substances) that are known to artificially inflate breathalyzer BAC results. For example, asthma medications (such as salmeterol and albuterol), Nyquil, some over the counter cough medications that contain alcohol, cough drops, oral gels, and some local anesthetics are all capable of increasing an individuals’ BAC result from a breathalyzer. Even mouthwashes and breath sprays can affect test results.
I was involuntarily intoxicated…
The involuntary intoxication defense is rarely used but is available to drivers who suspect that an intoxicating substance was given to them without their knowledge. For example, if a driver was sipping on soda all night and didn’t realize that a stranger had slipped a drug into their drink then that driver may be able to get a subsequent DUI charge dismissed if it can be proven that they lacked the requisite criminal intent to commit a DUI.
I had a fever…
If you were sick with a high fever at the time of your arrest your abnormally high internal body temperature may have caused your BAC reading to come back higher than it should have been. Of course, you will need to be able to provide evidence indicating that you did in fact have a fever for this defense to gain traction, but if you are able to do so arguing that you had a fever may help raise reasonable doubt.
The breathalyzer was not properly calibrated…
Police officers are required to take certain maintenance steps in order to ensure that their breathalyzers are properly calibrated because an improperly calibrated breathalyzer can return a false BAC result. If the defense can show that an officer did not properly maintain his/her breathalyzer, or that the officer did not properly administer the test in accordance with the manufacturer’s instructions, reasonable doubt can often be raised.
The chain of custody was broken…
The law requires the “chain of custody” to remain intact for blood-alcohol test results if the prosecution wishes to use those test results in court. In other words, the prosecutor can only use the results of your blood test against you in court if he/she can show where your blood sample was, and whose custody it was under, at all times from the moment that it was drawn to the moment that it was analyzed (and sometimes on to the present moment). Each link in this chain of custody must be supported by competent evidence or else the chain of custody is considered to have been broken and the results of the blood test may likely not be used in court.
As you may have guessed, arguing that the chain of custody was broken is a sophisticated argument that requires substantial research, but an experienced DUI lawyer knows which questions to ask and which documents to request in order to back up this argument if they suspect that the chain of custody was broken in your case.
Contact a Southern California DUI Attorney Today
Driving under the influence charges can be defeated in California, but doing so can be tricky so be sure to retain the services of a top-notch Rancho Cucamonga DUI attorney ASAP if you’ve been accused of driving while intoxicated. The experienced lawyers of My Rights Law Group – Criminal & DUI Attorneys defend clients against DUI charges throughout Southern California and fight tooth and nail to secure the best possible outcome in each and every one of their cases. To find out what their firm can do for you during a FREE no-obligation strategy session, give their Rancho Cucamonga office a call today at (909) 340-2000 or simply fill out their online contact form on their website.