How to Defend Yourself Against DUI Charges

A DUI conviction can carry severe legal penalties. In California, even a first-time offense can result in serious consequences, such as fines, jail time, a suspended license, and a permanent criminal record. However, remember that being charged with a DUI does not mean a conviction is inevitable. You have a right to defend yourself against the charges.

Experienced Santa Rosa criminal defense lawyer Amy Chapman has helped countless clients fight DUI charges in California. If you have recently been charged with DUI, Amy is prepared to help you seek the best possible outcome based on the circumstances of your case. Contact the Law Office of Amy Chapman today at (707) 636-3207 to discuss your DUI case in a free consultation.

Know Your Legal Rights

Knowing your legal rights during a DUI stop can potentially make a difference in the outcome of your case. Many people inadvertently hurt their case by making statements or providing evidence to police. Here are some rights to remember if you get pulled over on suspicion of driving under the influence.

Your Right to Remain Silent

During traffic stops, police officers typically ask questions that are designed to incriminate the driver. You are not required to answer any questions during a traffic stop, and it is generally best to invoke your right to remain silent. Officers may ask things like:

• “Have you had anything to drink tonight?”
• “Where are you coming from?”
• “How much have you had to drink?”

It may feel natural to try to explain yourself or appear cooperative, but anything you say can and will be used against you in court. Even seemingly innocent statements could be twisted to suggest guilt, such as admitting to “just one drink.”

Can You Refuse a Sobriety Test in California?

You have the right to refuse field sobriety tests (FSTs), such as the “walk-and-turn” or eye movement tests. These tests are highly subjective and often unreliable, meaning officers may interpret your performance as evidence of impairment even if you were not intoxicated.

Refusing field sobriety tests does not carry any legal penalties in California. However, once you are placed under arrest, California’s implied consent law requires you to submit to a chemical breath or blood test to measure your blood alcohol concentration (BAC). Refusing these tests after arrest will result in an automatic license suspension by the Department of Motor Vehicles, regardless of the outcome of your case.

Potential Defenses Against DUI Charges

A DUI defense lawyer can help you explore several legal defenses that could be used to challenge the charges against you. The right strategy depends on the circumstances of your case.

Challenging the Legality of the Traffic Stop

Law enforcement must have probable cause to stop your vehicle. This might include observing your vehicle swerving, running a red light, speeding, driving without headlights, or violating another traffic law. However, if an officer stops you without reasonable suspicion that you violated a traffic law or committed a crime, the entire case could be dismissed.

Your attorney can carefully examine the police report and any dashcam or bodycam footage to determine if the officer had probable cause for the traffic stop. If there was no justifiable reason for the stop, your attorney may argue that the stop violated your Fourth Amendment right against unlawful search and seizure. This could result in all evidence gathered after the stop being thrown out and a potential dismissal of the charges.

Questioning Breathalyzer and Blood Test Results

Chemical tests like breathalyzers or blood tests are often the main piece of evidence in DUI cases, as they are used to prove that a driver’s BAC was above the legal limit of 0.08%. However, these tests are not always accurate. If there is evidence that suggests your test was inaccurate, your lawyer could use this as an argument against your DUI charges.

Faulty Breathalyzer Equipment

Breathalyzer machines must be regularly calibrated and maintained to ensure accurate readings. If the device used during your arrest was improperly calibrated, it may have produced an incorrect BAC reading. 

Human Error

Police officers and lab technicians must follow strict protocols when administering chemical tests. If the officer who administered your test failed to follow proper procedures, or if there was a mishandling of your blood sample in the lab, the results may be inadmissible.

Police Officer Misconduct or Report Errors

DUI arrests involve several steps. Any deviation from standard procedure can be used to challenge the charges. Police officers are required to:

• Follow field sobriety test guidelines if these tests are administered.
• Handle chemical tests according to established protocols

If the arresting officer failed to follow standard procedure, omitted crucial details in the police report, or violated your constitutional rights during the stop or arrest, your attorney can argue that the evidence collected is inadmissible. In some cases, significant procedural errors could result in the entire case being dismissed.

Negotiating Plea Deals and Alternative Sentencing

In many DUI cases, taking the case to trial may not be the best or most practical option. Instead, negotiating a plea deal or pursuing alternative sentencing options can offer a faster resolution and more favorable outcome.

A plea deal, also known as a plea bargain, is an agreement between the defendant and the prosecutor in which the defendant agrees to plead guilty or no contest in exchange for a reduced sentence. In return, the prosecutor agrees to drop some of the more serious charges or offer lighter penalties. For example, a DUI charge could be reduced to a wet reckless offense, which is less severe and has fewer long-term consequences.

Even if a charge reduction isn’t possible, a skilled DUI attorney may negotiate for alternative sentencing options that help you avoid jail time or excessive fines. In California, the most common alternative sentencing options include drug or alcohol rehabilitation and the Mothers Against Drunk Driving (MADD) Victim Impact Program.

Preparing for Trial

If your attorney is unable to help you resolve your case through a plea deal, you will need to go to trial. Your lawyer will guide you through each step of the trial process, from jury selection to the presentation of evidence in court. During the trial, your attorney will cross-examine the arresting officers, challenge the accuracy of breath or blood tests, and present any exculpatory evidence. The goal is to create reasonable doubt in the jury’s mind and make it difficult for the prosecution to secure a conviction.

Discuss Your Case with a Santa Rosa DUI Lawyer

If you have recently been arrested for DUI in Sonoma County, it’s important to take the charges seriously. Experienced Sonoma County DUI lawyer Amy Chapman can evaluate your case and help you determine the best course of action, which could be negotiating a plea deal, seeking alternative sentencing, or fighting the charges in court. Call the Law Office of Amy Chapman today at (707) 636-3207 to learn more about your legal options in a free consultation.