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Rancho Cucamonga DUI Attorneys

How to Fight a DUI

Very few DUI cases are "open and shut." Fighting the DUI charges is rarely useless. A knowledgeable and aggressive California DUI defense lawyer can usually uncover many problems with the evidence being offered against his client. This may lead to a more favorable resolution of the DUI case, or a successful outcome at jury trial.

Below is a sampling of the many issues a San Bernardino DUI defense lawyer may raise in fighting a DUI case:

1. The arresting officer did not have a legal basis for the DUI traffic stop.

2. The arresting officer did not administer the DUI field sobriety tests according to the federal standards set forth by NHTSA. (Most officers don't.)

3. The DUI suspect performed well on the field sobriety tests, especially under the circumstances-being tired, nervous, put on the spot and intimidated by the officer.

4. The arresting officer did not read the DUI suspect his Miranda rights.

5. Following the roadside DUI investigation, the officer did not have probable cause to make the DUI arrest.

6. The equipment used to measure the DUI suspect's BAC was not properly maintained and calibrated.

7. The arresting police officer failed to do the required 15 minute continuous observation of the DUI suspect before administering the breath test.

8. The DUI suspect had GERD, acid reflex, dentures or cavities, any of which could contaminate the breath machine with "mouth alcohol" and cause an erroneously high BAC reading.

9. The DUI suspect's BAC was rising, so it may have been above the limit when the test was taken yet below the limit at the time of driving.

10. The police officer failed to comply with California Regulations Title 17, which governs forensic alcohol testing in DUI investigations.

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