Just because an officer says a driver seemed under the influence doesn’t mean they were. Blowing a .08 blood alcohol level or testing positive for drugs doesn’t mean a driver is guilty — or that they should lose their license. We’ve put in the time learning, testing, and improving both the scientific and legal defenses available to DUI defendants.
1. “Objective signs and symptoms of intoxication” aren’t objective. Did an officer say that you had red-watery eyes, slurred speech, a flushed face, the smell of alcohol on your breath, and/or an unsteady gait? That might be because those descriptions are checklisted on a DUI arrest form used by the California Highway Patrol and Los Angeles Police Department.
A good DUI attorney will provide context and show that those signs aren’t necessarily related to alcohol. Being pulled over late at night can lead to flushing, unsteadyness, and red eyes as much as alcohol. Non-alcoholic beer smells the same as regular beer. Don’t let an officer have the last word.
2. Field sobriety tests are broken for the same reasons, and the police frequently mess them up in practice. Prosecutors and officers lean hard anything that goes wrong in a balance and coordination tests without addressing the many more things that go right.
A smart DUI attorney will examine both how the police might have erred in administering the test and what might have caused any problems. Did you hesitate before walking a pretend tightrope while being watched by the police and anyone else who cared to slow down? The police may say you were drunk. They won’t say it was cold, nerve-wracking, and dark. Let us help find the right evidence.
3. Supposedly preliminary alcohol screening devices and other breath testing machines collect and measure only air from deep in your lungs. However, alcohol in your mouth can lead to a false high blood alcohol reading.Mouth alcohol can come from:
- One drink lingering in the mouth,
- Gastroesophageal reflux disease (GERD), acid reflux, and heartburn,
- Medicine containing alcohol, like cough syrup,
- Mouthwash or mouth spray, and/or
- Food trapped between your teeth or dental work.
4. Rising blood alcohol levels can throw off your test results. As long as you’re not impaired while driving, it’s not illegal to have had a drink or a few. However, alcohol can be slowly absorbed by your system, and your blood alcohol content (“BAC”) will be “on the rise” over an average of 50 minutes. If your BAC is on the rise, you might be fine while driving and still blow a .08 after you’re taken to the police station.
You need to find an attorney who isn’t intimidated by a little biology and chemistry and can use these facts to interview witnesses, negotiate with the DA, and put on the thorough defense you deserve.
5. Blood alcohol tests and labs aren’t always accurate. Experience counts. So find an attorney who stays on top of DUI defenses.
- The breath-testing instrument may not have been properly calibrated or functioning. Even when working correctly, a breathalyzer may have a margin of error of .02 — enough to really cause some trouble.
- Your blood sample may not have been handled correctly to preserve the “chain of custody.”
- There’s also human error. The Orange County Crime Lab has recently found error after error in tests it conducted over the past year.
- Individual breath temperatures may fall outside the norm and force a testing machine into rejecting a sample.
It’s important to find a DUI attorney who knows the ins and outs of all the possible flaws in a DUI test. Don’t trust what the police tell you about your results. Ask us.
Contact us today for a free consultation and to learn more about how to preserve your right to drive.