Central Valley DUI Defenses
Below,
please find some of the defense available in
DUI/DWI cases. Please browse through these
defenses to learn which ones might apply to
your situation.
Lack of Driving or Actual Physical Control
The District Attorney must establish you were driving or in actual physical control of a vehicle while impaired.No Reasonable Suspicion to Stop
There must be reasonable suspicion that a crime is occurring in order for the police to stop a driver. If the officer does not have a valid reason for making the traffic stop, the evidence may be suppressed.No Probable Cause to Arrest
There must be reliable information to lead a reasonable person to believe that criminal activity has been or is being committed.Failure to Offer Test
A police officer must offer you breath or blood if they are available. If the officer fails to ask you which test you would like or fails to admonish you of this right, you may be able to obtain a dismissal.Improperly Administered Field Sobriety Tests (FST's)
There are guidelines regarding the administration of FST's. The FSTs are voluntary and you can refuse to do any of the field sobriety exercises. Police attribute poor performance to possible intoxication and few people can perform the tests perfectly.
Breath Testing Device
For the chemical test to be valid, the
testing procedure must be followed and the
device must be calibrated and also the
Standard Quality Assurance Procedure. If any
of the maintenance checks appear out of
tolerance, then the breath tests
administered can be suppressed.Retrograde
Subtractive retrograde is a method to compensate for any alcohol consumed shortly before driving that could show a higher reading at the time of the test than "at the time of driving.Deficiencies in Blood Alcohol Testing & Issues in Blood Cases
Results of blood alcohol testing are admissible if the State can establish the blood was drawn by qualified personnel and the particular scientific analysis utilized complied with scientific standards and any deficiencies may require the test results to be suppressed.Denial of Independent Test
A person has a due process right to collect independent scientific evidence of their blood alcohol concentrationcommitted.
