Are there any defenses to a DUI charge?

Yes, there are defenses to a DUI charge in California. Generally speaking, the best defense to a DUI charge is to dispute either the accuracy of the breathalyzer test or the legality of the initial traffic stop. It is important to remember that a person can be arrested and charged with a DUI even if their blood alcohol content (BAC) is below the legal limit. A DUI attorney can challenge the BAC results and argue that the person did not have a BAC over the limit when they were driving. A lawyer can also challenge the legality of the initial traffic stop. Maybe the officer didn’t actually have a justified reason to pull you over in the first place, or there was a violation of the Miranda rights, or the officer did not follow proper procedures before asking the person to take the breathalyzer test. There is also the defense known as the “rising blood alcohol defense.” This defense is based on the idea that a person’s BAC could have been below the legal limit when they were driving, but rose to the legal limit or higher by the time the breathalyzer test was taken. Finally, a DUI attorney can also argue that the machine used to measure the BAC was not properly calibrated, or that the person suffered from a medical condition that caused them to fail the breathalyzer test. Each of these defenses can be raised to contest a DUI charge, and it is important to consult with an experienced DUI attorney to explore these options.

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Are there any defenses to a DUI charge?

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