If you were incorrectly cited for a DUI, there are immediate steps you should take to protect your record and challenge the charge. False or mistaken DUI citations happen more frequently than many realize, and even an inaccurate charge can have serious legal consequences that affect your driving privileges, employment, and future opportunities.
Whether the error was due to a faulty breath test, misinterpreted behavior, or an officer’s mistake, you have legal rights. Acting quickly gives you the best chance at clearing your name and avoiding penalties like license suspension, fines, or a criminal record.
Once you understand what went wrong, the next step is connecting with the right legal support. Working with an experienced Los Angeles DUI lawyer can help strengthen your position from the start and give your case a stronger foundation.
1. Request a DMV Hearing Within 10 Days
After receiving a DUI citation in California, you only have 10 days to request a hearing with the Department of Motor Vehicles (DMV). Missing this window can result in an automatic license suspension—even if the charge was filed in error.
Los Angeles DUI Lawyer can connect you with an attorney who will handle the DMV request and begin building a defense strategy. At the hearing, the attorney may challenge the officer’s decision, question the legality of the stop, or present evidence that the citation was not justified under the circumstances.
2. Write Down Exactly What Happened
As soon as possible, document the details of the traffic stop and the moments leading up to the citation. Include:
- The location, time, and reason given for the stop
- Any statements made by the officer
- Whether field sobriety or breath tests were conducted
- Medical conditions or medications that could have affected your behavior or test results
- The presence of any passengers or witnesses
These notes can help your legal representative identify potential errors or inconsistencies. Even small details—like poor lighting or uneven pavement during a field test—can influence the outcome of your case.
We recommend keeping this information organized and easily accessible so that it can be reviewed alongside any formal reports or evidence.
3. Review the Officer’s Report
The arresting officer is required to file a report outlining why the DUI citation was issued. You have the right to request this document. It often includes critical information such as observations of impairment, test results, and whether probable cause existed.
We can help you access and evaluate this report. If the narrative lacks clear evidence or contradicts what actually happened, your attorney may use that to challenge the citation and work toward getting the charge dropped or reduced.
4. Question the Reliability of Tests
Field sobriety tests and breathalyzers are not always reliable. A variety of factors can impact the results, including:
- Improper calibration of testing equipment
- Medical conditions like GERD, heartburn, acid reflux, diabetes, or neurological disorders
- Residual alcohol in the mouth
- Environmental conditions, such as wind or road surface
Under California Vehicle Code §23152, a DUI charge requires valid evidence of impairment. If that evidence is questionable, your attorney may argue for the citation to be reduced or dismissed. We connect individuals with legal professionals who know how to challenge test results and expose procedural flaws in DUI cases.
5. Speak With a DUI Attorney Before Going to Court
Even if you’re confident the citation was a mistake, it’s unwise to face the legal system without professional representation. Prosecutors are unlikely to dismiss charges without a formal challenge, and the penalties for a DUI conviction are steep.
Through our network, we connect clients to attorneys who understand how to build a strong defense in cases involving incorrect DUI citations. These legal professionals can evaluate the evidence, identify weaknesses in the prosecution’s case, and advocate for your rights both in court and during DMV proceedings.
Why False DUI Citations Occur
Wrongful DUI citations happen for several reasons:
- Subjective testing: Field sobriety tests are based on officer interpretation and can be flawed.
- Medical or physical conditions: Fatigue, injury, or illness may mimic signs of impairment.
- Bias or profiling: An officer’s assumptions may lead to unfair treatment.
- Faulty equipment: Improperly calibrated or poorly maintained breathalyzers can produce inaccurate readings.
If any of these factors contributed to your citation, they can be raised as part of your defense and used to demonstrate that the stop or citation was not legally justified.
Know Your Legal Rights in California
California law requires that officers have probable cause to stop a driver and sufficient evidence to support a DUI citation. According to Vehicle Code §23152, driving under the influence is prohibited—but only if it can be lawfully proven in court with proper procedures and reliable evidence.
We work to connect people with legal support that understands these requirements and can identify when they weren’t followed correctly. Understanding your rights under California law is essential when defending against an unjust charge.
Take Action to Protect Your Record
A mistaken DUI charge doesn’t have to define your future. Whether the citation was based on bad information, poor testing procedures, or simple human error, the right defense strategy can make all the difference in the outcome.
At Los Angeles DUI Lawyer, we’ve helped thousands of individuals take the next step after receiving a DUI charge. With 19 years of experience and decades of combined knowledge in DUI defense, we’re here to connect you with trusted legal professionals who can help you move forward with confidence.
Don’t wait to protect your record—start your legal defense today.
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