Introduction
With the increasing number of DUI arrests in California, the demand for experienced and knowledgeable DUI lawyers has also witnessed a significant surge. Drivers who find themselves arrested for DUI are now more determined than ever to seek aggressive legal representation to build a strong defense and combat the charges brought against them. In this blog article, we will delve deeper into the rising defense strategies employed by Fullerton DUI lawyers to safeguard the rights of their clients and navigate the complex legal landscape.
Understanding California’s DUI Laws
Driving under the influence (DUI) refers to operating a motor vehicle while impaired by alcohol, drugs, or a combination of both. In California, pursuant to CVC 23152, it is illegal to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or to drive with any alcohol or drugs in your system if you can no longer drive safely. However, Fullerton DUI attorneys will tell you that the consequences of a DUI conviction in California extend far beyond merely facing penalties such as fines or a suspended license. A DUI conviction can have a lasting impact on one’s personal and professional life, including damage to reputation, restriction on employment opportunities, and increased insurance premiums.
Defenses to a DUI Charge
1. Challenging the Traffic Stop
One common strategy for a Fullerton DUI attorney is challenging the legality of the traffic stop. In order for law enforcement officers to pull over a driver, they must have reasonable suspicion that the driver has violated a traffic law. If the stop was made without a valid reason, any evidence obtained as a result of the stop may be deemed inadmissible in court. (see; case results) This defense strategy allows your Fullerton DUI lawyer to focus on scrutinizing the officer’s actions leading up to the stop and identifying any constitutional violations or inconsistencies.
2. Contesting Field Sobriety Tests
Field sobriety tests (FSTs) are designed to assess a driver’s physical and mental coordination, which are believed to be impaired under the influence of alcohol or drugs. However, as your Fullerton DUI attorney will argue, these tests are often subjective and can be influenced by factors such as weather conditions, physical disabilities, or faulty testing procedures. Fullerton DUI attorneys may challenge the accuracy and validity of FSTs in court, seeking to establish that the results are unreliable and should not be used as evidence of impairment.
3. Disputing Breathalyzer Results
Breathalyzer tests are commonly used to estimate a driver’s BAC level by measuring the alcohol content in their breath. However, Fullerton DUI attorneys will point out that these devices can be prone to errors and inaccuracies if not properly calibrated or administered by trained personnel. Fullerton DUI lawyers may question the reliability of breathalyzer results by examining the maintenance records of the device, the qualifications of the operator, or any potential external factors that could have affected the accuracy of the test.
4. Questioning Blood and Urine Tests
In some cases, law enforcement officers may request blood or urine tests to determine the presence of drugs or alcohol in a driver’s system. However, these tests are not infallible and can be subject to errors during collection, handling, storage, or analysis. Fullerton DUI lawyers may challenge the chain of custody of the samples, the qualifications of the laboratory technicians, or the accuracy of the testing equipment to cast doubt on the veracity of the results.
5. Arguing for Rising BAC
One defense strategy that has gained traction by Fullerton DUI attorneys in recent years is the “rising blood alcohol concentration” argument. This defense asserts that the driver’s BAC was lower at the time of driving and only rose to an illegal level by the time of the chemical test. This defense can be based on factors such as the absorption rate of alcohol in the body, the timing of drinks consumed, or the presence of food in the stomach. By challenging the timing of the test and arguing for rising BAC, Fullerton DUI lawyers aim to create reasonable doubt regarding the driver’s impairment at the time of driving.
Seeking a Fullerton DUI Attorney
Given the complexities of California DUI laws and the potential consequences of a DUI conviction, it is crucial for individuals facing DUI charges to seek the guidance of experienced Fullerton DUI attorneys. These legal professionals possess a deep understanding of the intricacies involved in DUI cases and can develop an effective defense strategy tailored to the individual’s circumstances. By leveraging their expertise, resources, and knowledge of the legal landscape, Fullerton DUI lawyers can help clients navigate the court system and fight for the best possible outcome.
Free Consultation With a Fullerton DUI Lawyer
At the Law Office of EJ Stopyro we offer a free and confidential telephonic consultation. Call us today at (949) 278-6353. Mr. Stopyro will evaluate the strengths and weaknesses of your case right over the phone and help you explore your options.
Conclusion
The increased number of DUI arrests in California has led to a rise in defenses employed by Fullerton DUI lawyers. Challenging the traffic stop, contesting field sobriety tests, disputing breathalyzer and blood/urine tests, and arguing for rising BAC are just a few of the rising defense strategies utilized in DUI cases. As DUI laws continue to evolve, it remains imperative for individuals facing DUI charges to secure strong legal representation to protect their rights and mount an effective defense in court.
If you find yourself facing DUI charges, don’t hesitate to reach out to an experienced Fullerton DUI lawyer who can guide you through the legal process and help you navigate the rising defense options available today.