Fighting the DUI/DWI Tickets

Defeating a DUI ticket is one of the trickiest - if doable at all - challenges any driver can have. The positive result is never guaranteed and there is always a lot of psychological pressure during the process. DUI is a serious violation and is even considered to be a felony in many States. However being knowledgeable and prepared to fight a DUI always helps to improve your chances and minimize the potential loss.

Below discussed tips and tricks provide you with a general guidance and professional advices shared by many practicing DUI lawyers with real experience of defending DUI/DWI cases in the court.

DUI Preventive Measures

The measures in this group advise you how to avoid a DUI/DWI tickets from happening in the first place.

1. Prevent Rather Than Fight

This million dollar advice simply states "Don't Drink and Drive". Always consider avoiding drinking and driving if it's possible. It is much easier to prevent an undesirable event than get yourself out of trouble when an incident has already happened.

So, the first DUI advice - to avoid DUI "Don't Drink and Drive" in the first place. Consider using a designated driver, or take a cab or consider using the special "drunk" drivers support services which exist in many places. For example, some automobile associations provide free towing service for its members on official State Holidays, Super Bowl Day and some other "strategic" events.

2. Drinking but Still Driving

You said "Don't drink and drive"? Well, easier said than done. We all know that there are numerous situations when you must drive after consuming some alcohol. And it is perfectly legal by the way in all States - illegal is only impaired driving with a blood alcohol content (BAC) over the legal limit (usually 0.08). But how much is too much?

Generally one alcoholic drink (glass of wine, one beer or one shot of whisky) safely metabolizes in the human body for about 30 min - 1 hour. The real number - your number - will depend on your gender, age, your metabolism rate, weight (amount of blood in your body), previous food intake, number of drinks you have had and the time elapsed after your last drink.

Note also, that contrary to popular belief, coffee, tea, a cold shower, fresh air or physical exercise cannot help you to get sober sooner. So, plan accordingly and leave enough time to sober out.

So, the second DUI advice - know your number if you drink before your drive. Best of all, to avoid any mistakes use a personal breathalyzer. There is a plethora of individual breathalyzers available in the market and ranging from $10 to several hundred dollars depending on functionality and accuracy they provide. Purchase the one you can afford and test your breath before you can start driving. This simple fix will save you from much of trouble related to DUI.

DUI Retaliation Measures

The measures in this group are meant to help you to fight possible DUI consequences when you already got stopped by a police officer.

3. When You Are Over the Limit

You were drinking and driving that night, then stopped by police and you were not sure if you got busted or not. What is next? Once you get stopped by law enforcement with suspicion of DUI two things would happen:

1. You will be requested a roadside sobriety exercise like spelling the alphabet starting from a specific letter forwards or counting backwards from some start number or moving exercises like finger-to-nose touching or walking straight line to test your balance etc.

If you passed the express test then everything may happily end right here. Congrats!

2. If you failed the roadside express test then you will be arrested and taken to jail. A full-scale intoxication analysis will be administered to you including your breath, blood or urine analysis.

You might ask what would be the best retaliation strategy for either scenario above. The main logic behind your strategy in both scenarios is basically the same - more you cooperate with traffic police the more evidence you can leave to him. Pull yourself together, stay reserved and don't do any silly things to hurt your chances.

For the first scenario - if there is ANY chance that you can fail the roadside test then without any doubt you should politely refuse the test and ask to talk to your lawyer first. Note that roadside tests are not mandatory and there are no administrative consequences for refusing the roadside test. Most likely you will be detained and placed into the jail for 8 hours but you will manage to maintain your greatest asset - a presumption of innocence. It would be much more difficult to save your case in front of a jury if you failed the road side test for any reason. Another possible advantage for you here is winning time - negotiation with the police at the traffic stop, then driving to the police station, then doing paperwork there can take some time (sometimes hours) so you will get an additional chance and time to sober out if needed.

For the second scenario - the strategy is the same: if there is ANY chance that you can fail the breath-, blood- or urine- test then politely but firmly refuse the test until you can speak with your lawyer.

This will give you additional time to sober out and to postpone the test. However this case is generally more difficult to defend because of the so-called "Implied Consent Law" acting in many States. According to that law you give the law enforcement authorities your explicit consent for the BAC Tests at the time of issuing a driving license to you. This consent limits your chances for escape later. Nevertheless politely insist to speak with your lawyer and discuss your next step with him. This way you will significantly increase your chances to survive your DUI.

The optimal defense strategy your lawyer would design to defend you in the court heavily depends on specific details of your DUI/DWI case as well as on other important for law factors.

Note, for example, that there are not one but two categories of charges for drinking and driving.

First charge category is a well-known DUI (Driving Under Influence) which addresses driver's erratic driving at the time of incident rather than anything else. DUI means that you are under the influence but not necessarily over the limit. This charge category is very subjective and basically relies on judgment of the police officer who was observing the scene and who conducts the roadside express test.

Second charge category, more commonly known as DWI (Driving While Intoxicated) focuses on charges for having BAC (Blood Alcohol Level) above the legal limit. It defines the critical BAC levels for different age groups, driver categories and conditions. For example critical BAC levels for underage drivers (younger than 21 years of age), commercial drivers and normal drivers are set to be 0.02, 0.04 and 0.08 respectively. Note, that 0.02 actually means absolutely no drinking, i.e. Zero Tolerance for drivers under 21.

Note that there is a distinct group of drivers who are tolerant (resistant) to the alcohol consumption and who can be well intoxicated without being impaired. According to the DWI law these particular drivers still can be found guilty in high BAC level (0.08 law) but not guilty in driving under the influence!

Conversely, a drinking newbie with low tolerance to alcohol may be impaired way below the 0.08 level and hence found not guilty for DWI but guilty for DUI. If you are guilty of either offense, or both offenses, the punishment is the same.

Note also, that DWI law doesn't address driving under drug "intoxication" as for drugged drivers BAC is usually perfectly normal. To the same token DWI excludes all drivers who have a medical condition and who take legal, prescribed to them drugs which can make them drowsy, dizzy, disoriented or can impair their ability to drive safely in any other way.

It is easy to understand now that successful defense strategy for either charge category would be completely different and would drastically depend on many subtle details of your particular case.

To give you a basic understanding of what defense tactics an experienced traffic lawyer can apply in your particular case let's list some of them in a random order:

1. Can the police officer prove that it was you who was driving the car?

In the case if you are not the only passenger in the car this is not that obvious.

2. Where the car keys were found at the time of the traffic stop - in your hands or in the car?

3. Was the Miranda Rights pamphlet read to you at the time of arrest?

4. Were the BAC measurement tools used for your intoxication report the officially approved ones and not the tools discontinued by the law in your State? If not - the intoxication report is not admissible to court and cannot be used against you.

5. Was the breathalyzer tool used to measure your BAC properly tested and calibrated as required by law (at least twice a months as required by many manufacturers)? If not - your case is dismissed.

6. Was the breath test administered correctly - must be 15 min of continues testing. If it was less than 15 min - the measurement data are considered to be unreliable and cannot be used to convict you.

7. Can your breath test be surely attributed to the exhaled air from your lungs and is not affected by your mouth alcohol which usually has much higher concentration?

8. If it was a blood test was the equipment properly cleaned to avoid contamination from previous driver tests. This would require a cross- examination of law enforcement officer.

9. If it was a urine test were there two urine samples taken? If it was one sample - your DUI case can be dismissed.

10. Have you had a drink without having any intent to drive and then were forced to drive by emergency?

11. Have you had a single drink right before the driving? Short timed drinks would unlikely affect your BAC number - so if it was high in the police station sometime two hours after your detention then was it really so high at the time of traffic stop?

Things Which Never Work

Theoretically many traffic violations can be "diplomatically" resolved at the time of the traffic stop if you manage to get mercy from the traffic authority that stopped you. This becomes legally possible as official law grants police officers an exclusive right to forgive a traffic violation if he decides so.

For example, you are a safe driver, or it is your first traffic violation, or you drive out of your state of residency or simply because there is something what makes the police officer sympathetic to you.

With DUI/DWI violations it is different - this type of traffic offences is specifically excluded from the list of forgivable traffic violations. Have no delusion - your DUI/DWI never can be forgiven by a police officer. More over - police officers are officially obliged by law to capture DUI/DWI violations bringing impaired drivers to justice regardless of their social status, rank, celebrity level, wealth or anything else. So never try to beg out your DUI/DWI violation - this would make your chances for further defense only harsher.

Conclusion

DUI/DWI is a serious violation of civil and traffic law and in many States is considered to be a felony. Leaving your DUI/DWI case as is, without any defense can be very costly for you. Driving license revocation, substantial financial fine, jail time, impounding of your car, loss of auto insurability especially if it is not your first DUI/DWI violation - this is a brief list of penalties which can be applied to you in this case.

Never try to handle your DUI/DWI case by yourself. Defending the DUI/DWI case in court is a complex and very delicate process which requires full-time support of a professional lawyer specializing on DUI/DWI cases. Hire a lawyer and enjoy your case happily dismissed - you will be glad you did it.

Alvin Borsinger - web master and web marketing manager at CarGalaxies.com - a BorSystems Company.

To get more tips about the traffic tickets and how to beat them in court feel free to visit http://www.cargalaxies.com/TrafficTickets_Tips.aspx.

Need a traffic lawyer? Find all lawyers in your location searching by zip code and distance at http://www.cargalaxies.com/TrafficTickets_Find_Local_Traffic_Lawyer.aspx. You will find here detailed information about services they provide, with their addresses, maps, phone numbers and office hours.

DUI, Reckless Driving And Their Differences

Year after year, the number of accidents on the road increases and these accidents can be because of a couple of reasons and among these reasons are reckless driving and DUI. Sometimes people think that reckless driving and DUI is just the same thing which is definitely wrong. There are some differences between the two although they both have something to do with improper driving and are to subject to several levels of penalties. DUI or driving under the influence is more serious than reckless driving. A DUI charge can even be reduced into reckless driving charge depending on the extent of the incident.

When you are going to be charged with DUI, it means that you were driving a motor vehicle regardless of its type, under the influence of alcohol or any prohibited/illegal drugs. It also means that during the time that you were caught on the road, your BAC or blood alcohol content was beyond the legal limit. Most of the time or majority of the states considers 0.08% of BAC as the legal limit. Beyond the set percentage, you are no longer allowed to drive any motor vehicle. Reckless driving on the other hand is different. Even if your blood-to-alcohol did not go beyond the set limit, you can still be charged. This is because it can be charged to an individual when he/she is driving dangerously. For instance, when you were driving, it's as if you own the road and you did not care about the safety of other people with you. Even if you were not drunk at that time, you will still be charged with reckless driving.

When it comes to the penalties or punishments, it can vary from a state to another. For instance, in Michigan, they have very strict rules when it comes to DUI for the purpose of catching many drunk drivers and the safety of the people. Therefore, the penalties/fines are surely high and the punishments will really be heavy compared to those states who not implement very strict measures on the same case. Driving license suspension for a couple of months or a few months in jail are just some of the possible punishments for DUI when found guilty. The same idea applies when it comes reckless driving, it depends on the state and the extent of the case.

As mentioned earlier, DUI is a more serious offense compared to reckless driving so you might not need a lawyer when a reckless driving case will be filed against you. Perhaps you can settle down the case without any legal assistance. But when a DUI case is going to be filed against you, then you probably need a lawyer. Because it is a more serious offense, then you will definitely get more serious punishments in the event that you won't be able to get out of it. However, whether DUI or reckless driving, both should always be avoided to prevent any problems. And besides, why would you want to be involved in any of these cases when you always have the option not to?

Camelia Johnston enjoys writing for Drunkdrivinginmichigan.com which offers information on Michigan DUI lawyer and Birmingham MI DUI lawyer as well as a host of additional services.

How to Clear My DUI Charges? Beat DUI Arrest Now!

Are you trying to clear your DUI charges? A record showing that a person is charged with an offense does not necessarily mean that the person is guilty. This is the reason why it is necessary to clear your DUI charges before you are proven guilty and before the police enter it in the criminal records as a public document.

The steps you need to take in order clear a DUI record are difficult especially if you learn it through experience. If you have been charged a DUI before, you will definitely know how hard beating a dui arrest record can get.

To clear your DUI charges, you need to have a criminal lawyer that has experience in these kinds of cases, proof that you were not drunk, and a BAC level that is lower than.08%. The rules and procedures vary from different states but most DUI can be expunged. Although it is hard, most DUI's can be cleared if you do the following:

To ensure that your BAC is measured properly, you must remember that breathalyser tests are judged on the average person's BAC levels. This information is helpful if your Blood Alcohol Content and tolerance levels differ from that statistic.

To provide a good defense, you must remember that some drinks like coffee lattes can make breathalyzers give an inaccurate BAC reading. You'll be able to clear your DUI charges if what you have been consuming is not alcohol but just coffee latte.

If you have proof that you were not impaired when you were pulled over, you will have a chance of avoiding a DUI conviction. This claim can be supported if you had a BAC level lesser than.08%. You must remember that if your actions reflect that you were intoxicated at the time of the testing and the state can provide enough evidence to prove it, your arguments will be overruled. You will surely be convicted for DUI.

With the above simple steps, you are taking your first step to clear your DUI record as long as you follow them. You need to do what the officer will tells you to do in order to avoid adding new charges to your DUI and lower your chance of clearing your DUI charge altogether. You must also know the conditions that can affect the result of your BAC as well as the desired level of BAC to ensure that you can beat DUI arrest.

Final step- Download Dui Process Manual. This is a guide that can save you thousands of dollars hiring lawyer as you can beat your dui arrest DIY by searching leaks and holes of laws you never know, exposed by the dui process manual [http://www.squidoo.com/dui-process]!

The Possible Consequences Of A DUI Offense And Getting Help

DUI offenses seem to be ever growing and law enforcement authorities are eager to reduce this by punishing drivers who choose to get behind the wheel intoxicated. DUI offenses are not light handles and the penalties can be hefty for those who are found guilty of the offenses. There are so many serious consequences of driving while under the influence of alcohol or any other illegal substance and the offense consequences are just as serious.

Driver's license suspension

One of the outcomes you will face immediately you are caught driving under the influence of alcohol is to have your license taken away. The arresting officer has the right to do this on the spot and provide you with a temporary permit that will make it possible for you to continue driving for at least 30 days more before the license is suspended or revoked. The suspension can be for at least six months or can go up to a year in case you have refused to take a blood test or a breathalyzer test. In case you have been convicted of DUI previously, the license can be suspended for as long as ten years.

SR22 insurance and alcohol awareness classes

If you are able to challenge driver's license suspension and you are allowed to keep it, you may end up being required to attain an SR22 insurance that is designed with high risk drivers in mind and therefore costs so much more than the standard once. The costs to you may not end up on the insurance, but could also extend to alcohol and drug awareness classes that you may be required to attend and for which you pay as well. The classes can take up to 9 months and this means footing all the costs throughout the period.

Fines and Prison time

Apart from having your license revoked and paying penalties for the DUI offense, there is a very high possibility that you could end up in jail. This is usually very possible in situations where you caused injuries or worst still death to people as you drove under the influence. The prison time can be anything from 6 months and over depending on the circumstances. DUI fines can be hefty too sometimes hitting the $2000 mark. It all depends on the severity of the offense; those with previous convictions of the same face more severe fines and suspensions in most cases.

Reputation effects

Criminal records always have an impact on your personal reputation and history and this is something that can affect your career or job. A bad reputation does not appear too good, even among family members and it can affect how people treat you.

Getting help

Even with all the consequences that come with driving under the influence, a skillful DUI lawyer can help you go through the cases and choose the best strategy to use to turn the case around to your favor. The professional help can reduce the sentence or penalties or even have the case dismissed.

Seattle DUI lawyers can argue unlawful arrest, lack of evidence and wrongful testing procedure as strategies to get your DUI case turn to your favor. Get the best to get the best representation.

What Situations Can Lead To DUI Charges?

DUI, driving under the influence is one of the most common offense most drivers face. Driving while drunk is the image that immediately pops into mind when DUI is mentioned. Even though the charges associated are for drivers who choose to drive while intoxicated with alcohol, it is not always about the alcohol. There are so many other substances that can leave a driver in a state of intoxication and they also fall under DUI and can amount to the charges.

Drug intoxication

Apart from the alcohol, there are a number of illegal substances that can amount to the charges. There is a wide classification of drugs and their legality varies from one state to another or from one country to another. The fact is that sometimes even prescription drugs that induce intoxication can cause trouble for you. Whereas alcohol seems to be the major culprit with the charges, you risk additional charges if you are found under the influence of other types of drugs. Drug tests

Possession of drugs

What you should remember is that even being in possession of substances in your car when an officer suspects you are driving under the influence can also land you in trouble. Upon pulling you over with suspicion, the officer has the right to search your car. On finding any illegal substances in your car and your driving was suspicious enough to suggest that you are under the influence, you can be faced with DUI charges and be arrested.

Risky or suspicious driving behavior

DUI offenses can also arise even for drivers whose blood alcohol content is not over 0.8 in some cases. A law enforcement officer can slap you with a DUI arrest after making some driving observations with you that could suggest that you are intoxicated. Some of the behaviors that can amount to the DUI charges include making or trying to make very narrow or very wide turns, slow driving that is too alert, dangerous driving sometimes nearly crashing into things or people, and drifting on the road recklessly. Sudden breaking that seems too frequent, neglecting marked lanes and driving on center lines can also be observations that can lead to charges under DUI.

Responsible driving is very important and to keep off legal issues, it is best that you stick to the rules and regulations. But in case you find yourself faced with a DUI charge, you can always seek legal assistance from a DUI lawyer. A professional DUI attorney can help in dismissing the case if you were wrongfully arrested or can also help in reducing the penalties in case you were actually intoxicated when driving. Because of how severe the consequences of the offense can be, it is best that you choose a lawyer who has what it takes to handle the case in the most professional way possible. There are so many defenses your DUI lawyer can use to try and turn things in your favor and probably even save you from prison time.

An experienced DUI attorney can make a huge difference for your DUI case whether you are guilty as charged or not.

Just In Case: Know a DUI Attorney Before You're Pulled Over

You can never predict whether you will be stopped by law enforcement and asked to take a breathalyzer test. If you've been drinking, you may feel anxious and guilty that you may test over the limit. You may be hesitant to take the test. A DUI attorney will always suggest you take the breathalyzer test if you're completely confident that you are fine. If you're not comfortable or are sure you would test positive, you should know your rights under the law and have quick access to a number of a reputable attorney.

When law enforcement stops you, they generally indicated why they pulled you over. They may ask you, "Do you know why I pulled you over?" The best way to handle this question is to answer negatively, that you do not. This will require them to explain. You may have been caught speeding or other driving infraction. You may have a tail light out. If at any time the police man or women believes you may be under the influence, you will be asked to take a test.

A DUI attorney will remind you that you are not required to take the test. If you're fine, taking the test will help alleviate the tension between you and law enforcement. They will write you a ticket for another infraction and you'll be on your way. If you are unsure, in any way, an attorney will recommend you do not take the test. If you do, you will be arrested and you will be charged and that information will be held against you in court.

If you have chosen to refuse the test, it's helpful to have the number of a DUI attorney handy. Most people do not take the time to research a law firm just in case but it can be extremely helpful to be able to reach into your wallet or your glove compartment and have a number handy. You will be able to contact them immediately after being accused or arrested. Before or after you go through the process of being arrested, you can give them a call and they can help you out with bail. No need to spent unnecessary time in jail.

The other piece of valuable information a DUI attorney will tell you is to remain silent and comply with law enforcement at all times. The Miranda Rights that are read to you during your arrest identify your rights. You have the right to remain silent and anything you say or do throughout the process can and will be held against you in a court of law. By exercising your rights you refrain from incriminating yourself. Once you're out on bail, you and the lawyer you've chosen can work on a strategy to develop a solid case that will result in a favorable outcome.

It's important to be prepared and think in situations like these. It is incredibly beneficial to know your rights and keep yourself safe from law enforcement misconduct. By researching a professional DUI attorney as a precaution, you will be able to fully protect your rights under the law.

Consider what a DUI attorney GA might advise you if you're pulled over for driving under the influence. Get some advice from professionals by visiting: http://northgeorgialegal.com.

How to Select the Best DUI Attorney

No one wants to face the prospect of finding a DUI attorney.

But unfortunately, many people find themselves in the position of driving while intoxicated. The legal limit for blood-alcohol content is .08% or higher. Many people may find their blood-alcohol content at that level with just a couple of drinks. A simple mistake such as driving home after a few drinks could result in a DUI charge.

If you've been stopped for a DUI, you need to find the services of a DUI attorney. But how do select an attorney to defend you on DUI charges? Here are some questions to ask PA DUI lawyers:

1.How much experience do you have defending DUI and DWI charges? There are many great criminal attorneys, and many have experience defending clients on a specific aspect of the law. Attorneys that have experience defending DUI or DWI charges have the resources and knowledge to challenge the arrest process, testing equipment and process, or experience negotiating with the prosecution.

2.What is his or her track record on DUI cases? How many cases has the firm successfully defended, what's the win/loss ratio? This is an important factor to consider when selecting an attorney.

3.What are the DUI attorney fees in PA? Some people feel awkward about asking prices for an attorney, but you need to understand the charges up front. When you evaluate the DUI attorneys in PA also consider the cost of DUI charge - what will you pay for fines, loss of work, jail time, etc?

4.What recommendations does the attorney have for alcohol treatment? Good attorneys should be able to provide you with information about the various forms of alcohol counseling. Even if you don't believe that you have a problem with alcohol, it's very possible that you will have to seek treatment. It's important to get this information before you face prosecution.

You shouldn't hesitate having questions to ask a PA DUI lawyer. You need to find out information about the qualifications as well as establish whether you can establish a good working relationship. You'll find that DUI law offices in Edinboro are receptive to answering questions you may have about the DUI court procedures. When you have the most information, you can actively participate in your defense. Hopefully, you can turn a one-time mistake into just another phase of your life.

Grant C. Travis is a member of the Erie County and PA Bar Associations. Attorney Travis is admitted to practice in all Pennsylvania Courts and the U.S District Court, western District of Pennsylvania. He is an experienced Pennsylvania DUI attorney who has defended 1,000's of PA DUI Cases. http://www.pa-dui-defender.com - The DUI Defense Group has offices in Erie, Edinboro and Warren, PA and focus on DUI defense in Erie County.

Things To Consider In Finding The Best DUI Attorney In Your Local Town

When you have committed crimes connected to driving under the influence of alcohol and some stuffs, the best things you have to do it so seek help from the professionals. There are a lot of DUI attorneys all over your city or town that will be willing to help you with that matter. With their support and guidance, you can be rest assured that their decisions and ideas will always be fair and true. All you just have to do is to find the best attorneys in your local town or city because if not you will just not get that benefits.

One of the most important things that you should look for in a DUI attorney is if he was with licensed or not. This is the first thing that you should know since their license will be their only proof that they are legitimate and legal people of the law. By assuring that, you can have all that chances to get the best help that you need from them. Also, you can be rest assured that you will not just waste your time and money on them and then at the end of the day, they will never get that chance to do any good on your case.

Second thing you have to check on them is their experiences with their profession. Always remember that the more learning and experiences they have the more possibility that they are really good in that kind of profession. You can check if they have gone seminars and trainings that will help them to be better lawyers and attorneys in DUI matters. Once you settled with these DUI attorneys such those that you can see in Shelby Township and other towns, you will instantly have that advantage that they can make your case win but of course, you must really be innocent and free from any offenses. If not totally free you at least with their advance knowledge with the issues, they can give the fairest results.

Third and last thing to remember in looking for the best DUI attorney is their professional fee or price. It may really be a bit expensive to get a personal one for your needs and in order to give you the best services. That is why you should look for the best one that will not only have a good price but also a good service. Make sure that you will pay fair enough for the service that they can render to you. Also avoid those that will offer too low price and fees because they might be just do not so good service to you. Money is important in this issue but of course it should always compliment fairly with the benefits that you can get from them.

With the help of these three things and you personal opinions and views about a certain attorney or lawyer, you will surely get the best one in your local town or even national country that will make your case free and fair from all the judgments.

Camelia Johnston enjoys writing for Drunkdrivinginmichigan.com which offers information on Michigan DUI lawyer and Shelby Township DUI attorney as well as a host of additional services.

DUI in California

There is no such thing as an open and shut California DUI case... there just isn't. The prosecution could charge you with driving with a BAC of. 20%, causing an accident, and being so drunk that you could barely stand, let alone drive a car.

And yet even assuming these facts are true... which they typically aren't... there are still a number of DUI defenses that could result in reduced or even dismissed DUI charges. This is why is it always critical to consult with an experienced California DUI defense attorney before making the decision to plead guilty.

20 Ways to Beat Your California DUI Charges

1. California DUI breath testing is subject to a wide variety of errors

California DUI breath tests are subject to a wide range of errors. These include (but are not limited to)

instrument malfunction,
improper handling by the police,
your physiological conditions (such as GERD or your diet, both of which are discussed below), and even
outside environmental factors (such as radio frequency interference, which is also described below).

While DUI breath testing is the most common way to measure one's BAC, it's not always an accurate one. This is because of the fact that a DUI breath test doesn't directly measure the amount of alcohol in your blood. It measures the amount of alcohol present in your breath and then converts that amount to determine the amount of alcohol in your blood. As a result, DUI breath testing is susceptible to a variety of outside influences that can generate an erroneously high BAC reading.

2. Mouth alcohol can alter the accuracy of your California DUI breath test

DUI breath testing instruments are designed to capture a sample of breath from your deep lung tissue (otherwise known as "alveolar air"). When residual alcohol lingers in the mouth... either because
dental work trapped small amounts of alcohol-soaked food in your teeth,
you burped or regurgitated, or
you suffer from GERD, acid reflux or heartburn (discussed below)...

the breath test instrument captures "mouth alcohol" rather than simply aveolar air. As a result, mouth alcohol can trigger a falsely high BAC reading on a California DUI breath test.

3. Medical conditions such as GERD, acid reflux, and/or heartburn can contaminate your DUI breath test results

Gastroesophageal Reflux Disease (more commonly referred to as "GERD"), acid reflux, and heartburn are all recognized medical conditions that create possible mouth alcohol situations. This is because these conditions produce a flow of acid that travels from the stomach into the mouth.

When this occurs just prior to or during a DUI breath test, the alcohol that travels from your stomach to your mouth disguises the deep lung air that the breath testing instrument is intended to measure. As a result, GERD, acid reflux, and/or heartburn can cause a falsely high BAC on a California DUI breath test.

4. A low-carbohydrate, high-protein Atkins-style diet or conditions such as diabetes or hypoglycemia can trick a DUI breath test and result in a false high BAC

Self-imposed conditions such as Atkins-style diets and medical conditions such as diabetes and hypoglycemia are actually capable of self-producing isopropyl alcohol. This is because bodies that are deprived of carbohydrates turn to stored fat for energy. This process produces ketones. Ketones, when eliminated from the body through breath and urine, convert into isopropyl alcohol.

The problem... with respect to DUI breath testing... is that most California DUI breath testing instruments aren't sophisticated enough to distinguish between this self-produced isopropyl alcohol and ethyl alcohol (the type of alcohol that we drink). As a result, Atkins-style diets or diabetes or hypoglycemia can trick a DUI breath testing instrument into producing a falsely high BAC. Similarly, diabetes can fool the breathalyzer and should be considered as a DUI defense.

5. "Rising Blood Alcohol" can mean your BAC was higher when you took the test than when you were actually driving

Alcohol takes a certain amount of time (typically between 50 minutes and three hours) to absorb into your system. If, for example, you had just recently finished drinking... and were investigated for DUI shortly thereafter... your alcohol may not have reached its peak absorption rate. When this is the case, your blood alcohol level is still rising, which can cause a false high DUI BAC result.

This is because your BAC at the time of your blood or breath test is irrelevant... what is relevant is what your BAC is at the time of driving. Just because you have a BAC that is above the legal limit when you submit to a DUI chemical test, does not mean that's what your BAC was at the time of driving... particularly if you were "on the rise".

Prosecutors like to assume that everyone is beyond their peak absorption phase when they submit to California DUI chemical testing. We know, however, that this isn't always the case and that rising blood alcohol is a very legitimate DUI defense. This "on the rise" defense applies to both DUI blood testing and DUI breath testing.

6. California DUI blood testing does not necessarily offer accurate readings

There are a variety of factors that could taint the results of your DUI blood test results:

Blood fermentation,
improper storage of your blood sample, and
blood contamination
are just a few of the reasons why your blood tests results might not be accurate. This is why we say that California DUI blood testing certainly isn't foolproof.

Depending on the circumstances surrounding the collection and storage of your DUI blood test, your California DUI defense lawyer may be able to have your BAC results excluded from evidence. If your BAC is suppressed, your charge under Vehicle Code 23152b driving with a BAC of at least 0.08% must be dismissed.

7. Violations of Title 17 of the California Code of Regulations can compromise your BAC results

Title 17 of the California Code of Regulations sets forth the requirements for collecting, storing, and analyzing DUI chemical tests. These regulations are very specific, and any violation of California's Title 17 can compromise your DUI BAC results.

This means that if, for example,

it's not a trained technician who draws your DUI blood sample, or
if the DUI breath testing instrument that you use hasn't been calibrated according to code,
your BAC could be excluded from evidence... or at the very least, its accuracy will be called into question.

8. If the officer didn't have probable cause to stop, detain, or arrest you for DUI, the evidence--and the case--may get thrown out of court

Before the police can

stop your car,
detain you to conduct a DUI investigation, or
arrest you for a California DUI,
they must have a reasonable suspicion or reasonable belief that you are engaged in criminal activity. This reasonable belief is a legal standard known as probable cause.

If an officer doesn't have the probable cause necessary before engaging in any one of these stages, any evidence that is obtained as a result of that illegal procedure will be suppressed. When a judge suppresses evidence, it means that the prosecution cannot use it against you. As a result, evidence obtained without probable cause usually results in reduced or dismissed California DUI charges.

9. The officer didn't advise you of your Miranda rights

Despite common misperception, Miranda rights aren't always required in a California DUI arrest. They are, however required when (1) you have been arrested, and (2) the officer is conducting a custodial interrogation. A "custodial interrogation" takes place when an officer asks you questions designed to solicit incriminating responses after you have been arrested.

If these conditions have both been satisfied, the officer must advise you of your Miranda rights or risk having any subsequent statements excluded from evidence. Depending on the significance of those statements, their exclusion could result in reduced or dismissed DUI charges.

10. There are innocent explanations for physical signs and symptoms of DUI

Most likely, the officer will claim that you exhibited

red/watery eyes,
a flushed face,
slurred speech,
an unsteady gait, and
had the odor of an alcoholic beverage on your breath.

Whether or not this description is accurate, the fact is that none of these signs or symptoms necessarily means that you are DUI.

And even if you were drinking, these characteristics don't in and of themselves indicate that you were under the influence of alcohol and/or drugs. Additionally, innocent explanations such as

fatigue,
allergies,
the sun,
physical injury,
illness...

can explain the physical signs and symptoms that are commonly associated with DUI.

11. California field sobriety tests ("FSTs") aren't accurate indicators of alcohol and/or drug impairment

Even the most reliable California field sobriety tests aren't accurate indicators of alcohol and/or drug impairment. The three tests that have actual data to support their trustworthiness are only between 65-77% accurate at detecting impairment... and that's only if they are precisely administered and scored (which is rarely the case).

And just like the innocent explanations that can account for physical signs of impairment, these same explanations can explain poor performance on FSTs. Additionally, factors such as

officer-induced intimidation,
bad weather conditions,
poor lighting,
uneven surface conditions, and
awkward footwear, such as boots, dress shoes or high heels

that have nothing to do with alcohol and/or drugs can cause an individual to "fail" his/her field sobriety tests.

12. DUI isn't the only explanation for bad driving

While the police like to think that all bad drivers must be DUI, we know this isn't the case.

Weaving, speeding, and even erratic driving are often a result of inattention or distraction. Maybe you were eating, trying to play a CD, or trying to pick up something that dropped, or distracted by your passengers.

The bottom line is that DUI isn't the only explanation for bad driving. The reality is that sober people exhibit moments of bad driving just as impaired drivers.

13. Just because your blood alcohol concentration (BAC) was over the legal limit doesn't mean you were necessarily DUI

Blood alcohol concentration (BAC) is affected by many different factors, not just the actual amount of alcohol in one's body. These factors include (but are not limited to):

errors in California DUI chemical testing equipment,
errors in obtaining your DUI blood, breath, or (when appropriate) urine sample,
your medical conditions, and
when you finished drinking alcohol.

Each of these factors can independently affect the accuracy of your BAC results, so don't let the number fool you... an illegal BAC doesn't necessarily mean you are guilty of DUI.

14. There are inherent error rates with California DUI chemical testing

Even assuming that all testing conditions are perfect... the testing equipment has been properly maintained and calibrated, and there aren't any physiological conditions that could adversely affect the test... there is still an inherent error rate with California DUI chemical testing.

Experts agree that California DUI chemical testing has a +/- error rate of between 0.005-0.02%. As a result, a California DUI defense attorney can challenge BAC results that are between 0.08-0.10%, since they could be lower than the minimum 0.08% required by Vehicle Code 23152b driving with a BAC of at least 0.08%.

15. California DUI sobriety checkpoints must adhere to specific legal requirements

If you were arrested at a DUI roadblock, there are a variety of issues that a California criminal defense attorney will investigate. California DUI sobriety checkpoints must adhere to very strict legal requirements... if they don't, you could be falsely arrested for DUI.

These legal requirements relate to the operation of the DUI checkpoint. Some examples include (but are not limited to):

having supervising officers organize and oversee the checkpoint,
making sure that the field officers follow a predetermined formula for stopping cars, and
publicly advertising the DUI roadblock.

If/when these requirements aren't satisfied, a California DUI defense attorney can effectively challenge your DUI arrest and subsequent charges.

16. Radio Frequency Interference (RFI) can contribute to a falsely high BAC result

Radio frequency interference ("RFI") can cause a California DUI chemical blood or breath test to produce an erroneously high BAC. This is because almost all electronic devices... such as those used to analyze DUI blood and breath samples... are susceptible to RFI or EFI (electromagnetic interference).

The electronic components in these instruments can be affected by nearby radio waves. Radio transmission from

patrol cars,
the automatic door-unlocking devices found in crime labs,
cell phones,
microwaves,
fluorescent lights, etc...

these are just a few examples of the types of equipment that are capable of interfering with DUI blood and breath testing results.

17. If you're not exhibiting signs of mental impairment, chances are you aren't DUI

With respect to alcohol and/or drugs, there are two types of impairment: mental impairment and physical impairment. Most of the impairment that officers claim people exhibit during California DUI investigations is physical. Officers routinely testify that those arrested for drunk driving exhibit

an unsteady gait,
poor coordination,
red/watery eyes, and
slurred speech.

However, experts agree that alcohol and/or drug-related impairment always presents itself in the form of mental impairment first. This means that if an officer testifies that you displayed physical but not mental impairment, your alleged impairment was unrelated to alcohol and/or drug use. As a result, if you weren't exhibiting signs of mental impairment, you probably weren't DUI.

18. Your DUI BAC doesn't accurately reflect your level of impairment

If a significant discrepancy exists between your BAC and your alleged level of impairment, something is wrong. This may be the case where you either (1) reportedly exhibited no impairment, or (2) exhibited even slight impairment, but your BAC was high... by even as much as two or three times the legal limit.

When this type of situation occurs (sometimes referred to as a "disconnect" case), and your DUI BAC doesn't accurately reflect your alleged level of impairment, the evidence can't be trusted... something just doesn't add up.

19. You weren't driving

It isn't enough for the police to prove you were under the influence... the crime is driving under the influence. If, for example,

you were involved in an accident and no one saw you driving the car, or
if the police found you when you were in your parked car,
it will be more difficult for the prosecution to prove one of the key elements of a DUI: that you drove. If the D.A. can't prove that you were driving, you can't be convicted of a California DUI. The "no driving" DUI defense should be considered anytime the police didn't actually see you operating the vehicle. And finally...

20. Even if you were DUI, police misconduct may absolve you of your DUI charges

If you can demonstrate police misconduct, then your DUI charges may have to be dismissed... even if you were actually guilty of DUI. This is because proper police procedures must be followed. For example,

DUI police reports must be accurate,
Title 17 procedures must be complied with, and
courtroom testimony must be truthful.

If these (or any other) conditions are purposely manipulated, evidence that was illegally obtained or fabricated will be suppressed. Depending on how severely this impacts the prosecutor's case, he/she may choose to reduce or even dismiss your charges.
By Mark Girdner