DUI’s in California are taken seriously and even a first-time DUI conviction can result in imprisonment and license suspension. A DUI case often depends on the strength of the evidence presented by the prosecution and a strong criminal defense requires challenging every possible weakness in that evidence. From questioning the legality of the arrest to disputing the accuracy of chemical testing, a DUI defense attorney can craft strategies tailored to help your case.
Continue reading to learn more about how to challenge evidence in a California DUI case.
Challenge the Arresting Officer’s Testimony
In many DUI cases, the prosecution’s case rests heavily on the observations and testimony of the arresting officer. The officer’s statements about your driving behavior, physical appearance, and performance on field sobriety tests can carry significant weight in court. However, these observations are subjective and can be influenced by bias, poor lighting, or fatigue. This type of evidence is often effectively challenged through careful cross-examination, expert testimony, or evidence of procedural mistakes. A skilled defense attorney can challenge this evidence and cross-examine the officer to expose inconsistencies.
Challenging the Probable Cause and the Traffic Stop
One of the most effective defense strategies in a DUI case is questioning whether the officer had probable cause or reasonable suspicion to initiate the traffic stop. Law enforcement cannot legally pull a driver over without a valid reason, such as erratic driving, speeding, or committing a traffic violation.
If the officer lacked reasonable suspicion, then the stop itself may be unlawful. All evidence collected after an illegal stop, including field sobriety results or breath tests, could possibly be excluded from the trial. Defense attorneys can file a motion to suppress this evidence as inadmissible, which may lead the State to offer a reduction or complete dismissal of the charges.
Challenging Constitutional Rights Violations
A crucial part of any defense is examining whether your constitutional rights were violated during the DUI arrest. The Fourth Amendment protects individuals from unreasonable searches and seizures, which includes unlawful traffic stops or blood tests performed without consent or a warrant. The Fifth Amendment protects against self-incrimination, meaning officers must properly inform you of your Miranda rights before conducting a custodial interrogation.
If law enforcement ignored these protections by conducting an illegal search, coercing statements, or failing to read your Miranda rights then any resulting evidence could be deemed inadmissible in court. Demonstrating these violations can significantly weaken the prosecution’s case and could exonerate you.
Challenging the Field Sobriety Test
Field sobriety tests are another key component of most DUI investigations. These tests are performed by law enforcement and include exercises such as the walk-and-turn test, one-leg stand, or the horizontal gaze nystagmus test. However, these tests are not foolproof and are highly susceptible to human error. Additionally, if the officer did not administer these tests according to standardized procedures, the results may be unreliable and open to challenge.
Challenging the Scientific Evidence
One of the most significant pieces of evidence in a California DUI case is the BAC level, which is measured by a Breathalyzer, blood, or urine test. California DUI Law has a .08 BAC level. This scientific evidence is often portrayed as the most reliable form of proof, yet even this evidence is vulnerable to error. Breathalyzers must be properly maintained and calibrated, blood samples must be handled under strict chain-of-custody procedures, and testing personnel must be certified. Any deviation from these standards can call the validity of the results into question.
Contact The Law Office of Nicolai Cocis to Prepare a Strong DUI Defense
Defending against a DUI charge requires detailed knowledge of both California laws and constitutional protections. Every detail, from how the stop occurred to how evidence was handled, can play a part in the outcome.
The Law Office of Nicolai Cocis has 25 years of representing clients accused of DUI’s in Riverside County, California. With the right defense strategy, we have been able to get many of our clients’ cases reduced or dismissed. If you are facing DUI charges, an experienced California DUI attorney from our firm can investigate the circumstances of your arrest, challenge the prosecution’s evidence, and protect your legal rights throughout the process. Contact our DUI defense firm today to schedule a consultation.
