40 Ways To Beat A DUI

The following sections and topics represent merely a brief sampling of criteria that a qualified, experienced and skilled DUI attorney might use in defense of your drunk driving charges. These examples are not intended to be comprehensive or complete, and may or may not apply your particular defense.

Examples of Common Police Errors Made while Administering DUI Arrests
Probable Cause to Stop You	Were you legally pulled over and stopped? An officer cannot legally stop a driver unless he or she can substantiate a specific and just cause to believe there has been a traffic infraction or other violation of law. Weaving within one's own traffic lane for a short distance or making a wide turn are not against the law.
Proper Procedure	Did the officer adhere to proper procedures and protocol, as taught in the Police Academy and written in the training manual as it applies to Drunk Driving Cases?
15 Minute Observation Period	California legislature requires the administering officer to carefully and continously observe a Drunk Driving suspect for a minimum 15 uninterrupted minutes prior to administering a breath alcohol test. The officer must ensure the suspect does not burp, belch, hiccup, regurgitate, vomit or consume anything during this period so as not to affect an accurate breath alcohol reading. Was the arresting Police Officer writing a report, completing paperwork, conversing with other officers, making or responding to a radio call, speaking with dispatch, directing traffic, looking for or preparing equipment, or performing some other activity that diverted their attention?
Disciplinary & Character History	Did the arresting police officer have a history of disciplinary problems or character deviations that would affect his or her credibility? Is the arresting officer still employed by the same department and work in the same division? Has he or she moved out of the region? Is his or her credibility questionable?
Officer Smelled Alcohol	Did the Police Officer state that he or she smelled alcohol on your breath? The odor of alcohol alone does not constitute DUI. Non-alcoholic beer is known to smell exactly like alcoholic beer, and alcohol alone has no smell.
Driver Fatigue	Were you actually fatigued rather than under the influence of drugs or alcohol? Driving fatigued can produce many of the same signs as driving impaired, however it is not a crime to be tired while driving.
No Mental Impairment	Did you show no signs of mental impairment? Will the police officer admit you were coherent enough to answer his or her questions? If so, you were not mentally impaired, nor physically impaired, as toxicologists will testify that mental impairment precedes physical impairment.
Explanation of Symptoms	Were you able to offer the officer an explanation for your alleged symptoms? Did you explain, in vain, to the officer that eye strain, exhaustion, or allergies were causing your eyes to seem blurry and bloodshot. Did you explain that you were nervous because of the traffic stop? Did you explain to him or her that you had a medical condition they were confusing for symptoms of being drunk? Most police officers typically ignore logical and legitimate explanations for what they consider signs of intoxication. A good DUI attorney can effectively argue your case.
Anonymous Tip to Police	Did the Police Officer state he was responding to a phone call that reported you were driving drunk? A person calling police to report a drunk driver must identify themselves to the police dispatcher. An anonymous caller can, in some instances, provide enough detail and "perceived" relevance to establish probable cause, but only in some cases.
Proof You Were Driving	Will the Police Officer be able to prove that you were actually driving? The officer and the prosecution bear the burden of proof that it was you who were actually driving the vehicle, in most cases.
Illegal Search	Did police have the legal right to search you and your vehicle? The police are prohibited from searching a person or the automobile for a minor traffic offense without your consent. Evidence found illegally without your consent or probable cause to search you can usually be suppressed in court by a competent DUI Lawyer.
Lack of Dispatch Tapes	Is the Police Department able to provide copies of dispatch tapes and tape recordings made of dialogues during your arrest? When police officers prepare to stop a vehicle, they almost always report their intention to police dispatch, which is required by law to tape the officer's dialogue. Police Officers also keep dispatch apprised of any imminent arreststhey make. Failure to provide these recordings upon request by your attorney may cause all or most evidence in your DUI case to be suppressed.
Misleading Statements	Did the arresting police officer make misleading or untrue statements, claims or promises? If police made misleading statements to you about field sobriety testing, blood alchohol tests, consequences for refusal to submit to a chemical test, your driving priveleges, or any other crucial factor affecting your DUI case, your attorney may be able to have your case dismissed.
Inconsistent Statements	Are all statements being made now and in the past by the arresting police officer consistent and true? Both verbal and written statements by the officers involved in your DUI arrest must be unwavering and correlate with testimony they have given in prior DUI court cases.
Probable Cause to Arrest	Did the Police Officer have Probable Cause to arrest you on suspicion of DUI? The evidence in your DUI arrest must rise to the test of having probable cause that a Driving Under the Influence law has been violated. The arresting police officer must justify your arrest on DUI with verifiable facts.
Speeding Allegations	Did the Police Officer state that he or she saw you speeding and assumed you to be intoxicated? Research shows no link between drunk driving and speeding. Drivers exceeding the speed limit are not more or less likely to be impaired than any other driver. Thus, speeding alone does not substantiate probable cause to suspect you of DUI.

Examples of Common Errors Made while Administering Field Sobriety Tests
Inaccurate Testing Methods	Was an accurate benchmark used to determine your perceived sobriety? Roadside acrobatic tests to determine sobriety are less than 70% accurate. Suspects with medical conditions, obesity, injuries, and seniors cannot be fairly evaluated using these methods.
Invalid Field Tests	Did the officer request you to recite the alphabet, count backwards, or touch your finger to your nose? These are not acceptable methods to determine sobriety according to the Federal Government's National Highway Traffic Safety Administration and the Scientific community. There is no NHTSA standard for administering or scoring these tests because they are not considered reliable measures of impairment or sobriety.
Improper Test Administration	Did the officer administer field sobriety testing in accordance with Federal Government guidelines? The NHTSA sets certain standards for the administration of the Walk and Turn test, the One Leg Stand, and the Horizontal Gaze Nystagmus test. The above tests are not to be used if the DUI suspect is elderly, obese, unhealthy or injured.
Test Location & Landscape	Were Field Sobriety Tests administered on a flat surface away from passing traffic? If the test was administered on a hill, slope, an uneven surface, on rocky or slippery terrain, or in the presence of heavy traffic, wind or rain, or the suspect was wearing constricting shoes or high heels, there is a good chance the results were negatively affected by these factors.
Performance Standards	Did the officer claim you performed poorly on field sobriety tests? How did he describe that your performance was different than a sober person's? Studies have shown that many police officers will improperly evaluate a sober person as drunk when submitted to field sobriety testing methods. Each individual person has variations in coordination, balance, health, physical fitness, disposition, and more.

Examples of Common Breath Test Defense Strategies
Unlicensed Test Operator	Was the breath test operator licensed? Was there license to operate the breath test machine current and in good standing? A breath test operator must be licensed and certified for the breath test to be admissible as evidence.
Machine Malfunction	Did the breath test machine malfunction at any time during administration of the breath test? If the breath test malfunctioned or was repaired within 62 days of the DUI results, the test results may be invalid.
Unapproved Device	Was the breath testing device on the Federal List of Approved Breath Evidential Instruments and the ISP List of Approved Devices? If the answer to this question is no, then the test may be inadmissible.
Inaccurate Testing	Were the breath test results accurate? Breathalyzers are not foolproof, more than one test should be obtained from the DUI suspect to safeguard against inaccuracy due to a well known +/- 12.5% variance, non-specificity for ethanol, and more. The manufacturers of portable breath testing devices advocate a minimum of two tests be performed to consider the results evidential and legitimate.
Failure to Record	Did the breath machine operator officially record the value simulator solution used in the test? The value of the simulator solution used to obtain the suspect's breath test results is required for the BAC to be admissible in court.
Improper Administration	Did the breath machine operator follow proper procedure when administering the test? Failure to adhere to manufacturer and governmental guidelines could cause the results to be invalid and inadmissible in court. California Code of Regulations Title 17 sets procedures that must be followed by those administering blood or breath alcohol tests.
Substance Interference	Did the DUI suspect ingest cough drops or medication, or use asthma spray prior to the breath test? Were any substances such as paint or fingernail polish present when the breath test was administered? Many substances are known to contain various forms and levels of alcohol which may produce false readings, therefor invalidating the results.
Results Contamination	Did mouth alcohol contaminate the breath test results? Was there alcohol in the mouth but not in the bloodstream that produced a misleading BAC reading? Breath Alcohol testing devices are designed to detect alveolar air deep in the lungs, which loosely reflects a perceived BAC. Results can be skewed by latent oral alcohol caused by burping, belching, or cough syrup and cold medicines, breath sprays, mouthwash, dentures and adhesives, braces, trapped food between the teeth, orthodontics, and more.
Absorption Period	Was alcohol still being absorbed into the blood stream when the breath test was performed? During the absorbtion stage, a breath alcohol test will often produce a falsely high BAC readings. The absorption stage can last as long as three hours after the last alcoholic beverage consumed. The BAC in arterial blood is as much as 60% higher than the BAC in veinous blood. Because the alveolar deep-lung air required for blowing into a breath machine is enveloped in arterial blood rather than not venious blood, an inaccurately high BAC is likely to be produced.
GERD or Heartburn	Did the DUI suspect suffer from Gastroesophageal Reflux Disease (GERD), heartburn, or acid reflux? These symptoms, and others, can cause alcohol to makes its way up from the stomach and back into the throat and mouth areas. If you experience these symptoms, your breath test could have resulted in a falsely high reading.
Radio Interference	Did Radio Frequency interfere with your breath test reading? Were all electronic devices turned to an off position during the administration of your BAC test? Although often to difficult to prove to what extent radio frequency interference may have intervened with an accurate test reading, it is well known within DUI defense community that electronic circuitry used in the Datamaster, the Intoxilyzer, mass spectometers and gas chromatographs can be obstructed by electromagnetic interference from the use of police radios, scanners, cell phones, computers, personal electronics, radar devices, or almost any other electronic device.
Breathing Patterns	Were you instructed to breathe continuously into the device for more than 10 seconds? Breathing testing machines are calibrated to test no more than a 10 second long sample. If you were required to breathe into the machine for longer than 10 seconds, your results might have indicated a higher blood alcohol level than was actual. Hyperventilating, shallow breathing, or refusal to breathe might also interfere with an accurate test result.
Nutritional Diet	Were you on a low-carbohydrate or restrictive diet? High protein diets, fasting, and restrictive nutritional regimens are known to cause a state of ketosis in the human body which can interfere with breath test results. While the body is in ketosis, a fat burning state caused by fasting or nutritive restriction, carbohydrate consumption (replenishment)can cause the body itself to produce a substance called "isopropyl alcohol." Most DUI breath testing machines cannot distinguish "isopropyl alcohol" from ethanol, the alcohol contained in liquor and spirits.

Examples of Common Blood Test Defense Strategies
Inaccurate Results	Did the technician drawing your blood follow proper procedure and protocol? If prescribed blood testing, analysis, and preservation rules are not adhered to, your blood test results could be in admissible in court.
Inaccuracy in Hospital	Was the DUI suspect injured and transported to a hospital where the blood test was administered? An injured victim's BAC could be overestimated by as much as 25% due to wounding, bleeding, physical trauma, and other factors not present in healthy individuals. Did hospital staff use lactate ringers during the patient's treatment? If so, the hospital's serum results will be erroneously elevated, potentially invalidating the BAC reading.
Forced Blood	Did the police or a technician force a blood draw without the suspect's consent? In th absence of bodily injury to another, a forced blood sample cannot be used against a DUI defendant and is inadmissible in court.
Rising BAC	Was Your blood drawn within three hours of consuming your last alcoholic beverage? It can take up to three hours for alcohol to be absorbed in your blood stream. If your BAC was still rising at the time the blood test was taken, it may have been below the .08 legal limit at the time you were actually driving a vehicle. This is a crucial factor in DUI cases where the traffic stop was made within a short period of recent alcohol consumption, as it can be reasoned that your blood alcohol content was rising.

Examples of Common DUI Prosecution Defense Strategies
Nondisclosure of Expert Witnesses	Has the prosecutor disclosed his or her plan to call in expert witnesses to rebutt your defense? The prosecutor is required to disclose state's expert witnesses to the defense prior to trial, and failure to do so can cause their witnesses' testimony to be barred from being heard from the Jury.
Speedy Trial	Has your right to a fair and speedy trial been upheld? If the court or the prosecutor have delayed a DUI defendant from receiving a trial wihin 120 to 160 days of demand, the entire case may be dismissed.
Statute of Limitations	Has the Statute of Limitations expired?A charge for misdemeanor DUI must be filed within 18 months of the date of offense, or the entire case will be dismissed
Rising BAC	Was Your blood drawn within three hours of consuming your last alcoholic beverage? It can take up to three hours for alcohol to be absorbed in your blood stream. If your BAC was still rising at the time the blood test was taken, it may have been below the .08 legal limit at the time you were actually driving a vehicle. This is a crucial factor in DUI cases where the traffic stop was made within a short period of recent alcohol consumption, as it can be reasoned that your blood alcohol content was rising.

Examples of Other Common DUI Defense Strategies
Medical Issues	Do you have medical problems that could have affected your performance on field sobriety tests or breath tests? Medical condition can sometimes affect the breath test resultsm and DUI suspects oftenhave medical and physical problems with their neck, limbs, back or eyes that affect their ability to perform field sobriety tests.
Weather Conditions	Were there weather conditions present at the time of your arrest on DUI? Often, extreme weather conditions can affect driving patterns and performance on field sobriety tests. Weather reports proving these conditions on the day of your DUI arrest may be admissible in court on your behalf your defense.
Expert Witnesses	Have you consulted with a DUI lawyer who handles Drunk Driving cases exclusively an often successfully takes DUI cases to trial? Often expert witnesses employed by the defense, such as toxicologists and others, are available to challenge the validity of blood tests, breth tests, field sobriety tests, and police adherence to proper procedure.
Independent Witnesses	Were there witnesses to your sobriety who can testify they saw you just prior to your arrest? Independent witnesses on your behalf can include bartenders, waiters, acquaintances, and others who may be to provide crucial evidence to your ability to drive nonimpaired.

DUI BAIL BONDS IN ORANGE COUNTY

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