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Common Defenses to a DUI Charge

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A DUI (Driving Under the Influence) charge in Salinas, CA, or anywhere in Monterey County, is a frightening experience. When facing the possibility of fines, license suspension, or jail time, the case is already decided. However, a charge is not a conviction. Many people are unaware that there are often several strong legal defenses available to challenge the evidence presented by the prosecution.

If you or a loved one has been arrested for DUI in the Salinas area, you need an experienced advocate on your side immediately. Contact our firm, The Worthington Law Centre, for confidential guidance right now. Call (831) 704-1852 or complete our online contact form to begin developing a robust defense strategy today.

Challenging the Initial Traffic Stop: No Legal Reason

For a police officer to pull you over, they must have a proper legal justification. This justification is called "reasonable suspicion." This means the officer needed a clear, apparent reason to believe you were breaking a traffic law or driving dangerously.

If an officer pulls you over without a legal reason, any evidence they gather afterward—including field sobriety tests or breathalyzer results—may be thrown out of court. A defense begins by carefully reviewing the dashcam footage and police reports to confirm the stop was legal from the start.

Common reasons for challenging the initial stop:

  • The stop was based on a simple traffic violation that did not actually occur.
  • The officer relied solely on an anonymous tip without verifying its accuracy.
  • The officer made a guess or profiled the driver without observing actual poor driving.

Faulty Field Sobriety Tests (FSTs)

After a traffic stop, officers often ask drivers to perform Field Sobriety Tests (FSTs). These exercises are designed to test your balance, coordination, and ability to follow instructions, both physically and mentally. However, these tests are highly subjective and often inaccurate, even when performed sober.

These tests are challenging to pass, and a strong defense will effectively highlight their limitations. Factors such as slippery roads, poor lighting, or uncomfortable footwear can impact your performance.

The most common FSTs include:

  • Walk-and-Turn: Walking nine steps heel-to-toe along a straight line.
  • One-Leg Stand: Balancing on one foot for 30 seconds.
  • Horizontal Gaze Nystagmus (HGN): Following a pen or light with your eyes.

A solid defense can argue that your poor performance was not due to alcohol but to nerves, physical disability, injury, or the officer's improper instructions.

Problems with Chemical Tests (Breath and Blood)

The results of breath or blood tests—which measure your Blood Alcohol Content (BAC)—are often the most damaging evidence in a DUI case. However, these tests are not flawless and can be challenged in court.

The "Rising BAC" Defense

Alcohol takes time to be absorbed into your bloodstream. If the chemical test was taken long after you stopped driving, your alcohol level at the time of the test might be higher than it was when you were actually behind the wheel. This is known as the "rising BAC" defense. Your legal team can use this science to prove that your BAC was below the legal limit while driving.

Improper Administration and Calibration

Breathalyzer machines require precise calibration and must be properly operated by the officer to ensure accurate results. If the machine was not maintained correctly or the officer failed to follow the strict testing procedures, the result may be unreliable. This can include:

  • The officer failed to monitor you for 15 minutes before the breath test.
  • The machine is producing an error code or is overdue for maintenance.
  • The blood sample was being mishandled or contaminated at the lab.

Other Explanations for Impaired Appearance

Many medical or physical conditions can mimic the signs of intoxication, causing a faulty test result or giving the officer a false impression of impairment.

For example:

  • Medical Conditions: Diabetes can cause a person's breath to contain acetone, which some breathalyzers can wrongly register as alcohol. Acid reflux or heartburn can bring stomach alcohol residue up into the mouth, artificially inflating a breath test reading.
  • Medication: Certain cold medicines, prescriptions, or pain relievers can cause drowsiness or poor balance, mimicking intoxication.
  • Mouth Alcohol: Residual alcohol trapped in the mouth from mouthwash or specific dental work can cause a breathalyzer reading to spike far higher than the actual BAC level.

No matter the circumstances of your arrest, an effective criminal defense lawyer in Salinas, CA will explore every single angle of your case—from the moment you were stopped to the results of any chemical testing. We review the evidence to ensure that your rights were respected and that the tests were conducted in a scientifically sound manner.

Get the Advocacy and Justice You Deserve

Facing a DUI charge in the Salinas, CA area requires dedicated, thorough legal representation. Don't let a moment of bad judgment or faulty evidence define your future. Our team at The Worthington Law Centre is prepared to provide comprehensive DUI defense to protect your driving privileges and your freedom. Contact us today to discuss your defense strategy. Call us at (831) 704-1852 or visit our page to learn how we stand for advocacy and fairness.