Are There Any Possible DUI Defenses in California?

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Are There Any Possible DUI Defenses in California?

beer, car keys, and breathalyzer device

Unfortunately, many people make mistakes by drinking and driving. However, because it’s only a misdemeanor, it often isn’t taken seriously. A DUI can remain on your record forever and, in some cases, may warrant a felony charge. If you’re facing a DUI, you’ll need to take this very seriously. As such, you must contact a DUI lawyer in Sacramento, California to help you navigate this process. Keep reading to learn more about this crime and the possible defenses you can utilize.

What Constitutes a DUI in California?

In California, anyone driving with a Blood Alcohol Concentration (BAC) of 0.08% or higher faces the charge of driving under the influence (DUI). However, there are other factors that can influence the charges. For example, a driver with a lower BAC may still face a DUI if they show signs of impairment.

It’s also important to note that California imposes a zero-tolerance policy for underage drunk drivers. As a result, anyone under 21 found driving with a BAC of 0.01% or higher can face a DUI charge.

Though a DUI is often only charged as a misdemeanor, it can come with heft fines, the potential for jail time, license suspensions, and informal probation.

What DUI Defenses Can I Use?

If you’re facing a DUI charge, knowing what defenses you can employ is vital. However, you should know that you must retain the assistance of an experienced attorney as soon as possible.

One of the most common ways to evade a DUI charge is to prove that the police had no probable cause to stop your vehicle. Without a reason, like speeding or erratic driving, the police cannot pull you over simply because you’re driving at night from the direction of a popular bar. If you are unlawfully stopped, any evidence collected, such as your BAC, may be deemed inadmissible in court. This is because it is a violation of your Fourth Amendment rights to protect against unlawful searches and seizures.

Another reason you may be able to beat a charge is because of a faulty breathalyzer. These are the devices used to detect the BAC of a suspected drunk driver. In some instances, they may be improperly calibrated, or the officer administering the test did not use it properly.

What Can I Do if I’m Facing Charges?

If you’re facing charges, the most important thing you must do is to contact an experienced attorney as soon as possible. Unfortunately, failure to obtain a lawyer can significantly impact your ability to keep your record clean.

At the Law Offices of Dale R. Gomes, we understand that a DUI charge can have significant impacts on your life. As such, we will do everything in our power to help you navigate the complexities of this issue. Contact us today to learn how we can explore all possible avenues to help you achieve the best possible outcome for your circumstances.