You may feel like your whole life is put on hold after a DUI arrest in Ladera Ranch. The legal process moves fast, and it can be overwhelming and confusing. Plus, you’re likely stressed about losing your driver’s license and the possibility of huge fines and costs, not to mention jail time. But you don’t have to go through the process alone, and a DUI arrest does not automatically mean a conviction. To seek the best outcome, you need an experienced Ladera Ranch DUI lawyer.
A lawyer with the training and experience to take on DUIs will use their knowledge of the legal process to fight on your behalf. Their goal will be to get you the best possible result from your DUI case. In the absolute best case scenario, they may be able to get your DUI charge dismissed completely. But even if that isn’t possible, they may be able to help you keep your license and/or fight for a lesser charge or reduced penalties. To get a FREE consultation with a Ladera Ranch DUI lawyer as soon as possible, contact us today. Call (310) 862-0199 or fill out the Free Case Evaluation form to the right of this page for your free consultation.
How Can I Beat a Ladera Ranch DUI?
DUI charges are serious and might seem conclusive, but it is absolutely possible to beat one. However, you need the expertise of a DUI lawyer to do so. They will do a lot of research into your case and use a number of tactics with the goal of beating your DUI.
Below are several of the most common ways a lawyer may work to get your DUI charge dropped or reduced.
Challenging the Chemical Tests
There are a surprising amount of potential flaws in the DUI breath tests used in Ladera Ranch. Although breath tests are the most common ways of measuring a person’s blood alcohol content (BAC) when suspected of DUI, they are not always accurate for a number of reasons:
- Instrument malfunctions
- Being used improperly by officers
- Physiological conditions, such as gastroesophageal reflux disease, that can skew results
- Not taking into account observations by the driver before the test
A DUI breath test also doesn’t measure the amount of alcohol in your blood directly like a blood test. It takes the alcohol on your breath and converts it to try and calculate the amount in your blood, which can cause false readings.
However, that doesn’t mean the blood test results are always fail proof, either. Under California law, there are very specific requirements that must be followed when collecting, storing, and analyzing chemical tests (breath, blood, or urine) for DUI. If your DUI lawyer finds these regulations were not followed, it can lead to the chemical test results being thrown out or excluded from evidence.
No Probable Cause for the Traffic Stop
Any police officer who pulls you over must have probable cause for stopping, detaining, or arresting you for DUI. This means police must have a reasonable belief or suspicion that you were driving under the influence before they are able to pull you over and investigate or arrest you for DUI.
If it’s found there was not a probable cause, the evidence or even the case may get dismissed.
If police procedures were not followed during your stop and/or arrest, you may be able to demonstrate there was police misconduct. Examples of this could be:
- Inaccurate DUI police reports
- Untruthful or inconsistent courtroom testimony
- Not complying with Title 17 procedures
Even if you were driving under the influence, if your lawyer can demonstrate police misconduct, it may lead to dismissed charges. Or, if evidence was obtained illegally or conditions were purposely manipulated in your case, that evidence may be thrown out. If this severely impacts the prosecutor’s case, they may dismiss or at least reduce your charges.
Rising Blood Alcohol
“Rising blood alcohol content” means your blood alcohol content (BAC) was higher when police tested you than when you were actually behind the wheel. This is possible because alcohol can take time to fully absorb into your system. If you had just finished drinking and were pulled over for DUI soon after, your BAC may not have reached its fullest absorption rate. This can lead to a falsely higher BAC reading on a DUI test, which makes the results irrelevant because what really matters is your BAC at the time of driving.
Sometimes, you can have residual alcohol in your mouth from other sources, such as:
- Burps or regurgitation
- Alcohol-soaked food trapped in between dental work
- Acid reflux, GERD, or heartburn
- Other products you used, such as mouthwash
These small factors can lead to a false reading on breath tests.
Other Factors Affecting the Breath Test
Medical conditions like diabetes or heartburn and even certain low-carbohydrate diets like Atkins may lead to a false high BAC on test results. If these apply to you, your lawyer may be able to point to them as alternative reasons for a false breath test result.
Questioning the Accuracy of Field Sobriety Tests
Field sobriety tests (FSTs) are small challenges police officers often use during a suspected DUI stop that are supposed to be easy for a sober driver but hard for a drunk one. Examples include:
- Standing on one leg for 30 seconds
- Walking on a straight line without stepping off
- Following an object with their eyes
- Walking straight and turning around
However, FSTs are not as solid as law enforcement makes them seem. A number of factors can make even a sober person fail one of these tests:
- Feeling nervous or intimidated by the officer
- Bad lighting
- Uneven surfaces
- Poor weather conditions
- Bad footwear, such as high heels
- Simply being uncoordinated or clumsy
These are just a few of the ways you and your lawyer can work to beat a DUI. Never assume your case is a lost cause. Speak with a legal professional who specializes in DUI cases to find out what your best options are.
Is It Ever a Good Idea to Plead Guilty to a DUI?
You will likely come under high pressure from the prosecutor or even a court-appointed lawyer to plead guilty to your DUI. However, in most cases pleading guilty is actually not a good idea—and it’s especially not advise if you haven’t yet consulted a DUI lawyer.
The prosecution will try to intimidate you into pleading guilty because they are just looking to win another case. A court-appointed lawyer will have good intentions, but they just don’t have the necessary training to fight a DUI case.
The only person you can really trust to have your best interests in mind for a DUI is a private lawyer. They will have the needed experience and resources to work towards the best deal for you, even if you have a tough case.
Speak With a Ladera Ranch DUI Lawyer Today
Don’t wait to get the support you need for fighting a DUI charge and seeking a better outcome. To get a FREE consultation with a DUI lawyer in your area today, call us at (310) 862-0199, or fill out the form to the right.