When a person is arrested and charged with driving while impaired, he or she may feel there is little that can be done to fight the accusation. While California does have very strict laws regarding DUI offenses, it does not mean that all accusations of such behavior will hold up in court. There are options and a number of defense strategies that may be utilized to fight these types of charges.
One of the most widely used defenses is the claiming of an improper stop. Did the arresting officer have probable cause in initiating the stop? Other strategies that are often successful involve questioning the accuracy of field sobriety tests, breath tests and blood tests. There are a number of things that can affect the outcomes of these tests. Questioning whether tests were properly administered or that devices were properly calibrated, among various other concerns, may bring to light information that is beneficial to the accused in court.
There are also a few other defenses that may be used, but are not done so routinely. The first would be claiming that the person charged with DUI was not actually the one driving. The other would be claiming that police violated the rights of the accused or in some way acted inappropriately.
Questioning any provided evidence will be vital in fighting the accusation of DUI in a California criminal court. Every DUI case is different, and the same defense will not work in every situation. An experienced criminal defense attorney will be able to thoroughly investigate accusations of impaired driving, offer guidance as to the best defense strategies for one's circumstances and move forward in resolving a case with the best interests of the client in mind.
Source: FindLaw, "Defenses to Drunk Driving", Accessed on Aug. 26, 2015