In this article, you can discover…
- How to challenge the legality of a DUI stop in California.
- The role that blood and breath test results play in your DUI defense.
- How an officer’s observations and conduct could aid in your defense.
Q: How Can I Challenge The Legality Of A DUI Traffic Stop In California?
A: Your DUI defense attorney can help you challenge the legality of a DUI stop by examining each aspect of your stop and determining if there were police missteps or errors involved. If your DUI stop and arrest were handled improperly, this could lead to your charges being dropped or lowered.
Every aspect of your stop, from the officer’s probable cause to the breathalyzer test results, can be analyzed and challenged.
Q: Can Breathalyzer And Blood Test Results Be Challenged In A California DUI Defense?
A: Yes, they can. It is not uncommon for breathalyzer machines to work improperly or be in need of calibration, possibly allowing your breathalyzer results to be challenged.
It is also true that the body metabolizes alcohol at different rates, and an alcohol blood test taken at a station may not reflect your BAC when you were pulled over. Furthermore, any procedural errors in handling and testing your blood sample may also be grounds to see blood test results dismissed as evidence against you.
Q: What Are Common Errors In California Field Sobriety Tests That Can Lead To A DUI Defense?
A: Field sobriety tests are remarkably easy to fail, even when sober. It is not uncommon for the police to mistake nervousness or a medical condition for signs of impairment when administering a field sobriety test. Questioning the legitimacy of these procedures can possibly strengthen your defense.
Language barriers may also contribute to poor performance, and if an officer fails to administer the field sobriety tests properly (such as asking you to walk heel-to-toe on a bumpy rather than even surface), this could help in your case.
Attorney John Abel is a seasoned, respected DUI defense attorney serving California. Since 2004, he’s helped clients just like you fight unjust DUI charges, protect their driving privileges, and uncover key evidence in their defense.
Have questions or in need of diligent, experienced legal help? Reach out to the John Abel Law Office for an initial consultation today!
Call Now At - (559) 321-1977
Q: How Can Questioning The Officer’s Observations And Conduct During The Arrest Help In A DUI Defense?
A: An officer’s observations are key to their justification for pulling you over. If their observations were mistaken, their probable cause to conduct the DUI stop may be called into question, possibly leading to the dismissal of charges.
The officer’s conduct during your arrest is also extremely important, and if there were any DUI arrest procedure violations (such as an officer using excessive force against you), this could certainly be useful in your defense. A DUI attorney can help you identify and preserve key evidence, such as dash cam or body cam footage, to help prove such misconduct.
Q: How Can I Use Rising Blood Alcohol Content (BAC) As A Defense In A California DUI Case?
A: Your BAC rises as more alcohol is absorbed into your bloodstream over time. As a result, your BAC may be within the legal limits when pulled over but read significantly higher once you are at the police station and tested. This fact can play a big role in minimizing the repercussions of the charges brought against you.
Attorney John Abel is a seasoned, respected DUI defense attorney serving California. Since 2004, he’s helped clients just like you fight unjust DUI charges, protect their driving privileges, and uncover key evidence in their defense.
Have questions or in need of diligent, experienced legal help? Reach out to the John Abel Law Office for an initial consultation today!
Call Now At - (559) 321-1977
