Vista DUI Attorney

There are many different types of DUI cases and numerous effective defense strategies, depending on the facts of each individual case. But here are what are probably the top 10 most common DUI defenses we use successfully on a regular basis:

1. Poor Driving Does Not Equal DUI. 

You might not think arguing you're a bad driver is a good defense, but it can be against a DUI charge. Just because police noticed you driving poorly in some regard does NOT prove you were driving DUI. Most accidents and moving violations are not caused by alcohol or drugs, and there are other explanations for alleged "patterns" consistent with DUI. In fact, just watching how someone drives only results in a "right guess" by police as to DUI around 35% of the time.

2. "Symptoms" of Intoxication Are Not Reliable.

Police often rely on "objective symptoms" like red or watery eyes, slurring of speech, smelling for alcohol on the breath, or a wobbly walking pattern to decide if someone they've stopped is likely being affected by alcohol. But the fact is that even if multiple such signs are checked off on the arrest form, it does not prove you were under the influence. There may be other causes for such symptoms, like illnesses, allergies, or tiredness.

3. FSTs Aren't Always an Accurate Guide

Failing a field sobriety test is NOT definitive proof of a DUI. You may have failed some elements on such a test, but not others - and police may fail to mention the elements you passed. Plus, things like fatigue, lack of coordination, weather, clothes, having flat feet, being nervous, and more can affect one's balance. And the tests aren't always administered correctly, and the person taking the test may not understand what's expected of them.

4. Mouth Alcohol Can Throw Off the PAS Test

Residual mouth alcohol can often lead to a falsely high BAC reading on a PAS breathalyzer test. If the result was at or barely above .08, this could easily make a big difference. If you drank (moderately), took certain medications, or used mouth rinse recently, mouth alcohol could be a factor. Also, you need to breathe deeply from the lungs to get a good reading, and the officer has to observe you for 15 minutes before administering the test for it to be valid.

5. Title 17 Violations of Police Protocol

Unless the arresting officer followed the stipulations of how to take a blood or breath test found in Title 17, the results can be challenged and maybe declared invalid. This set of rules requires that police be properly trained for the particular device they are using, have it calibrated correctly, do due maintenance on the devices, store blood samples according to strict regulations, and provide a second blood sample that your defense attorney can have independently tested later on. Any violations here can get the BAC results (and maybe DUI charge) dismissed.

6. Other Violations of Your Rights

Any violation of the defendant's rights can result in the DUI case being dismissed or in evidence being declared inadmissible and making the prosecution unable to win the case. For example, there must have been a probable cause for the traffic stop and the arrest. You must have been read your Miranda Rights, and you cannot have been interrogated before you were even informed you were under arrest.

7. Rising BAC Level

When you consume alcohol, your BAC level immediately begins to rise, but it takes from 1 to 3 hours for it to peak before falling again. To be guilty of DUI based on a .08 or higher reading, you have to have had that BAC while actually driving. But, if you are not tested for some time following the traffic stop, and your BAC continued to rise between the stop and the test, it could be that you had a lower than .08 BAC while driving even though the test results show .08 or higher.

8. Mental Alertness

The fact is that it is extremely unlikely for a person to be mentally unimpaired (and alert) by alcohol or drugs while at the same time displaying signs of physical impairment. Oftentimes, police overlook to mention mental impairment. But if we can show you were mentally alert at the time of your stop and arrest, then it goes a long way towards showing the chances of actual physical impairment are very low.

9. Health Conditions Threw Off the BAC

Those with diabetes and certain other diseases like hypoglycemia can often test positive for alcohol even when they have not been drinking. Such conditions can cause the body to produce an excessive amount of "ketones," which mimic the effects of alcohol on the BAC tests used by law enforcement. Ketones can also cause your breath to smell similar to alcohol and make you lose some degree of coordination.

10. A Special Diet Affected the BAC

Another way ketones can be produced in excess and throw off the BAC test results is if you are fasting or on a high protein and/or low carb diet. Ketosis interferes with the tests because it produces chemicals similar to isopropyl alcohol that can't be distinguished from it by the current testing tools.

Regardless of which type of DUI charge you are facing, we have an understanding of the law and DMV and court processes it takes to build you a solid defense that will maximize your chances of winning your case.

Most DUI charges in California are misdemeanors, although aggravated or multi-repeat offenses can be felonies. Although there are other factors that can affect exactly how a DUI is punished - and the DMV vs. jury trial criminal sentence can differ, in general, it is based on whether it's your 1st or a subsequent offense.

For a first-time DUI offense, the penalty can include:

• A 4-month or longer suspension of your California driver's license.
• DUI probation for from 3 to 5 years.
• Up to 6 months in county jail - this is usually exchanged, however, for a shorter time in jail or none at all if you do community service.
• From 3 to 9 months of state-approved DUI classes.
• A fine plus fees that can reach $1,000 or more in total.
• Mandatory installation of an ignition interlock device (IID) once your license suspension is over.

A second DUI is punishable by:

• Up to a 2-year license suspension.
• DUI probation.
• Up to 18 months of DUI class and sometimes also AA classes.
• Up to 12 months in jail, with 96 hours of actual jail time required.
• A fine of up to $1,000 and mandatory installation of an IID at your own expense.

A third DUI is punishable by:

• Up to a 3-year license suspension.
• DUI probation for 5 years.
• 18 months of DUI class & AA class.
• An IID requirement.
• The $1,000 fine.
• Up to a year in jail, with a 120-day minimum.

A forth or subsequent DUI is a felony and can be punished by:

• A 4-year license suspension and the possibility of permanently losing your license.
• Formal DUI probation for 3 to 5 years.
• 30 months of DUI class and AA meetings.
• Fines and fees as high as $18,000.
• Up to 16 months in state prison.
• Status as a convicted felon, which will show up on future employer background checks.

Note that there is a 10 year look back period when counting whether it's your first, second, third, or fourth DUI. Also, you can still face civil charges over any injuries or property damage caused by the DUI incident if you were at fault. And if other driving crimes like hit and run, vehicular manslaughter, driving without a valid license or on a suspended license, or child endangerment (if someone 14 or younger was in the vehicle with you during a DUI) can also add additional sentencing elements.