Are there any legal defenses available to fight a DUI charge?
Yes, there are legal defenses available to fight a DUI charge in California. One of the most commonly used legal defenses is the defense of necessity. This argument states that the accused was forced to drive while intoxicated in order to prevent greater harm or injury to themselves or to another person. Other defenses may include lack of probable cause to arrest, unlawful and/or inaccurate chemical testing, or a medical condition that caused the intoxication. If the accused can show that they were not driving while intoxicated and that they were operating the vehicle safely, they may be able to get the charges dropped or reduced. Additionally, if the accused can prove that the police officer’s probable cause to search or arrest was legally insufficient, the charges may be dismissed. In California, a driver who is convicted of a DUI charge can be subject to criminal penalties, such as loss of driving privileges, fines, and even jail time. However, if charged with a first-offense DUI, the defendant may be able to receive a lighter punishment, including a probationary period with required courses, or community service. Regardless of the defense used, it is important for the accused to have a knowledgeable attorney who can effectively guide them through the legal process. The lawyer should be able to determine which strategies are most likely to result in a successful outcome, given the circumstances of the case.
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