dui-defenses-tabs

There are many factors that can affect the results of breath tests and common breath testing machines are known to be unreliable.

California Code of Regulations Title 17 sets forth procedures that need to be followed by whoever is administering the chemical tests. If these regulations are not followed, the results from the test may be excluded from evidence.

It is unlawful for an officer to fail to inform you of the ramifications of denying a chemical test.

Police officers will often use their observations as hard evidence to prove that you are DUI. “Objective symptoms of intoxication” include but are not limited to slurred speech, bloodshot or watery eyes, unsteady hands, or being red in the face. An officer has a list of these symptoms on his report that he simply checks … Read more

Just because you were speeding does not necessarily mean that you were driving under the influence. It is a well known fact that sober drivers commit the majority of traffic violations. If you weave between your lane or speed, the officer may try to use this as evidence that you were driving under the influence. … Read more

An officer must advise you of your Miranda Rights if you are in custody or if they question you to gain information that may incriminate you. If your Miranda Rights are not read to you, anything that you have said will most likely be excluded from evidence.

The officer needs to provide “specific articulable facts” that indicate they had reasonable suspicion to pull you over. If there was no evident reason to stop you, detain you, or arrest you, there is no probable cause for your arrest. If this is the case, other evidence of DUI will be overlooked and it is … Read more