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On what can I base my defense against a DUI charge?

When California motorists are facing DUI charges, they would naturally be concerned about the impact such charges could have on their future. Drivers who are pulled off the road may benefit from carefully observing the procedures followed by the officers while obtaining evidence. While laws differ from state to state, authorities have basic guidelines by which they have to abide in order for a DUI charge to be lawful.

To build a strong case for your defense, it may be beneficial to obtain the services of a DUI defense attorney who deals with such cases on a daily basis. The lines of defense that are most commonly used often focus on the procedures followed by the officers. Your attorney will determine whether authorities had probable cause to stop you, and also whether the field sobriety test was administered correctly and provided accurate results. In addition, he or she will examine the possibility of improper procedures during breath tests -- for both portable and standard equipment -- and the accuracy and calibration of the machines will be questioned. The execution of blood alcohol tests and chain of custody will be scrutinized for tampering and mishandling.

In particular cases, the strategy may be to use affirmative defenses such as proving necessity or driving under duress. Entrapment by law enforcers may have played a role, and in some cases it can be proved that the driver was honestly unaware of his or her impairment while other cases may document that spiked drinks may have caused the intoxication. It could even be apparent that you were not the driver at the time, or that the police officer acted improperly by violating your civil rights.

Lastly, during the period of time between the arrest and any blood alcohol test, alcohol consumed shortly before the arrest may be entirely absorbed, showing a higher BAC level than it would have shown at the time of the arrest. California drivers who are facing a DUI charge may find comfort having legal counsel who will do whatever is necessary to protect your rights. The evidence offered by prosecutors will be challenged, and whichever line of defense is chosen, successful presentation may lead to the best possible outcome.

Source: FindLaw, "Defenses to Drunk Driving", , Sept. 19, 2014

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