Defenses

Did you know that dental work can trap alcohol in the mouth, and cause a falsely high breath test reading?

Did you know that speeding, by itself, is consistent with sobriety and not intoxication?

Do you know what Field Sobriety Tests are designed to demonstrate, and how the results can be turned into favorable evidence for you?

The prosecutor and police will attempt to prove the accused is guilty of D.U.I. by describing sloppy driving, poor performance on the field sobriety tests, and by introducing the results of the chemical testing (blood, breath or urine) if a test is taken. If there is no chemical test, the prosecutor will attempt to use a refusal to take a chemical test as “consciousness of guilt.”

The defenses to the D.U.I. charges will generally fall into these same three categories: driving, field sobriety tests, and chemical testing. Remember that a conviction requires 12 jurors to agree on the guilt of the accused. A skilled criminal defense attorney is the best hope for creating doubt in these areas, rendering the prosecution’s evidence an unreliable basis for the jury to return a guilty verdict.

A criminal defense attorney can highlight those areas where the driving by the accused was consistent with their being sober at the time. Turning normally, parking properly, and signaling appropriately: those driving patterns that are consistent with sobriety can go a long way towards presenting the complete picture, and rebutting the prosecution’s case.

Every place the police report is silent is a fertile area to demonstrate the innocence of the accused. Everything the accused didn’t do can be the best evidence of their sobriety, and the basis for a “not guilty” verdict. For example, if the police report does not say the accused fumbled with their driver’s license, a skilled criminal defense attorney can make points by illustrating that an intoxicated person might, but that this accused did not.

An experienced criminal defense attorney will know how to point out the faults of whichever chemical test is involved, or the legitimate reasons why a chemical test was refused. There are many reasons for falsely high breath tests. The accused may have burped prior to taking the test. The testing device may be improperly calibrated. Electrical interference from police radios can skew the results. A blood sample may have improper levels of preservatives. The point is that there are many ways to chip away at the trustworthiness of the prosecution’s evidence, and prevent the prosecution from meeting their burden of proof beyond a reasonable doubt.

If you or anyone you care about has been accused of D.U.I., please consult a California DUI lawyer right away.

You are welcome to call on Darren at any time for more information about possible defenses in DUI cases.

Visit Darren Kavinoky's Drunk Driving Guide website to get additional information about drunk driving and California Drunk Driving Defense.