4 Proven Defense Strategies to Defeat a DUI Case in Sacramento

You may not realize it, but DUIs are very serious offenses, particularly in Sacramento. That’s why it’s so important to have a reliable, knowledgeable attorney on your side to help you fight your DUI charges.

Over the years, the best DUI attorneys in Sacramento have relied on a variety of strategies to get cases overthrown and help defendants avoid jail time. Here are a few of the strategies that consistently work time after time to defeat a DUI case in Sacramento.

Breathalyzer Issues

The Breathalyzer test is one of the more common ways of determining a DUI, but it is far from perfect. In addition to faulty equipment, there are a variety of conditions that could cause it to read a higher BAC (blood alcohol content) than normal. For example, certain types of gum, mints or mouthwash contain a type of alcohol. If you’ve only recently used something like this, it can affect the reading on the Breathalyzer test.

In addition, a Breathalyzer must be properly maintained and calibrated. If it isn’t, it can also show faulty results. There are several instances where a DUI conviction was thrown out because of an incorrectly calibrated or broken Breathalyzer.

Lack of Probable Cause

An officer can’t stop you without a probable cause. That means they can’t stop you based on what you look like or the type of vehicle you drive. They also can’t stop you based on a “hunch”. This is one type of protection provided by the U.S. Constitution to help protect against officers who feel they have the authority and power to stop people for any reason whatsoever. A lack of probable cause forces them to articulate their suspicions in a way that does not violate your rights.

Not Read Your Miranda Rights

It’s often believed that a police officer must read you your Miranda rights before they ask you any questions, but this is not entirely true. Their actual duty is to read you these rights before they do a “custodial interrogation”, which means to ask you questions that are meant to draw out responses that could incriminate you. They need to ensure you are aware of your rights beforehand, but if they fail to do so, any statements you made could be thrown out, as could your case.

Inaccurate Impairment Results from Test

You may have seen or have been subject to an FST or Field Sobriety Test. This simple test is done to determine impairment and asks the suspect to perform tasks that would be relatively easy for someone who is sober, but more difficult for someone who is intoxicated. Common tasks include saying your “ABC’s” backwards, standing on one foot and touching your nose, and so on.

However the results from these tests show that someone can appear to be impaired even if they haven’t been drinking. Clothing, fatigue, stress and even the weather can affect how well someone can perform these tasks. These facts show inherent flaws in the test — flaws that a smart DUI defense attorney can share to put the law on your side.

Of course, these are by no means all of the possible ways to defeat a DUI case. Sometimes, equipment used for chemical tests are faulty, or in other cases, even your diet can affect the results of the Breathalyzer test.

If you’ve been charged with a DUI, it’s important that you get knowledgeable, experienced legal defense on your side. Time is not on your side. Give us a call today and get a FREE consultation about your case with a DUI attorney who understands the process and will work hard for you!