Four potential defenses against a misdemeanor DUI charge are challenging the legality of the traffic stop, questioning the accuracy of breath or blood tests, proving improper handling of evidence, and highlighting procedural errors by law enforcement. Each case is different, and these strategies can make a real difference in the outcome.
Being charged with a DUI doesn’t automatically mean you’re guilty. A skilled Los Angeles misdemeanor DUI lawyer can craft a defense strategy tailored to the specifics of your case. The sooner you call, the more time your attorney has to strengthen your case.
1. Illegal Traffic Stop
Under the Fourth Amendment, law enforcement must have a valid reason (known as “probable cause” or “reasonable suspicion”) to pull a driver over.
If the officer lacked this legal justification, any evidence obtained afterward, including breath, blood, or field sobriety tests, may be challenged or even excluded from court.
Common issues that can make a traffic stop illegal include:
- Stopping a vehicle without a traffic violation
- Following a vague or incorrect description of a suspected driver
- Conducting a stop based on an officer’s hunch rather than specific, observable behavior
- Racial or discriminatory profiling
- Using an unlawful checkpoint or roadblock
- Stopping a driver for a minor equipment violation that does not justify the stop
By carefully examining police reports, dashcam footage, and witness statements, Los Angeles DUI lawyer can identify flaws in the officer’s reasoning and challenge the stop in court. Successfully proving an illegal traffic stop can lead to a dismissal of the DUI charges or weaken the prosecution’s case significantly.
2. Inaccurate or Faulty Breathalyzer Test
Breathalyzer tests are commonly used by law enforcement to measure a driver’s blood alcohol content (BAC), but they are not always accurate. Errors can occur due to device malfunction, improper calibration, or incorrect use by the officer. Certain medical conditions can also affect the results and make the test unreliable.
If the breathalyzer results are shown to be inaccurate, they may be excluded from evidence or significantly weakened, making it harder for the prosecution to prove intoxication. Using this defense focuses on ensuring that only reliable, legally obtained evidence is used against you.
3. Improper Blood Test Handling
A blood test can be a key piece of evidence in a DUI case, but it must be collected, stored, and analyzed correctly. If any step in this process is mishandled, your lawyer can use that as a defense against your misdemeanor DUI charge.
Circumstances where improper blood test handling may serve as a defense include:
- Contamination of the sample: If the blood vial was not sterile or became contaminated, the results could be inaccurate.
- Improper storage or transport: Blood must be stored at specific temperatures and handled according to strict protocols. Deviations can compromise the sample.
- Chain of custody issues: Every person who handles the sample must be documented. Gaps in this record can call the results into question.
- Unqualified personnel: If the blood was drawn or tested by someone not properly trained or certified, the validity of the results may be challenged.
- Laboratory errors: Mislabeling, incorrect testing procedures, or faulty equipment can lead to inaccurate BAC readings.
By identifying these errors, a DUI defense attorney can argue that the blood test results are unreliable, potentially reducing or dismissing the charges. This defense emphasizes that the prosecution must prove intoxication with evidence that meets strict legal and scientific standards.
4. Mistaken Identity
Mistaken identity is a valid legal defense in DUI cases when the prosecution cannot clearly prove that you were the driver of the vehicle at the time of the alleged offense.
In some situations, the officer may have observed a car matching your description or a driver they assumed was you, but this does not automatically prove your guilt
This defense often arises when there are multiple vehicles of the same make, model, and color in the area, poor lighting conditions, or other circumstances that make it difficult for the officer to positively identify the driver. Witness statements, video footage, and surveillance evidence can be used to show that someone else may have been driving.
A skilled DUI attorney can investigate these details, gather supporting evidence, and challenge the prosecution’s identification of the driver. If successful, a mistaken identity defense can lead to reduced charges or a complete dismissal.
An Experienced Attorney Can Build a Strong Defense Against a Misdemeanor DUI Charge
A DUI arrest can feel overwhelming, but you do not have to face it alone. An experienced attorney can carefully review every detail of your case, identify weaknesses in the prosecution’s evidence, and build a strong defense against your misdemeanor DUI charge.
With the right legal guidance, you can protect your rights, challenge errors, and fight for the best possible outcome. Taking action early gives you the strongest chance to defend yourself and move forward with confidence.
Los Angeles DUI Lawyer has decades of combined experience helping people connect with the right attorney. Call today to tell us about your situation and learn more about how we can help.





