Being arrested for driving under the influence can be a nerve wrecking experience. Most people who are charged with DUI are left confused and feeling helpless; however, it is crucial to remember that you are innocent until proven guilty. With certain defense tactics, you have an opportunity to maintain your innocence, challenge the evidence presented against you, and avoid harsh legal consequences. Believe it or not, there are many defenses available to you. By working with a reputable San Francisco DUI attorney, you increase your chances of building a defense that could prevent your DUI conviction.
Legitimate DUI Defenses
Failure to Read Miranda Rights - If the arresting officer failed to read you your Miranda Rights, statements you made after your arrest can be excluded from evidence. According to California law, a police officer must read you your Miranda rights if they hold you in custody and question you about the events prior to your arrest.
Lack of Probable Cause - Before law enforcement can arrest you for DUI, they must have probable cause. Probable cause is a reasonable belief that a crime was committed. This means that an officer must have a reason to believe that the accused was drunk and operating a motor vehicle before they can make a legitimate arrest.
Unlawful Traffic Stop – A police officer can only make a traffic stop for a suspected DUI if they observe specific driving behaviors. If the officer fails to provide justifiable reasons for the traffic stop, the accused is entitled to a “suppression hearing.” At the suppression hearing, a judge will decide if the police officer met the standard for a legitimate DUI stop. If not, the entire DUI case can be dismissed.
Inaccurate Field Sobriety Test Results - Often people are not able to perform the field sobriety tests (FST) to an officer’s expectations. A person may fail the field sobriety tests due to fatigue, weather conditions, lack of direction, or nervousness. All of these factors can impact the results of FST performance, even if the person is sober.
False BAC Readings – A breath alcohol test can report high readings if alcohol is still being absorbed into a person’s bloodstream. When alcohol absorbs into the bloodstream, it is called the absorption phase. The absorption phase can last up to 3 hours after the person has finished drinking. If a breath test is administered during this phase, results will likely be false.
Lack of Observation - According to California law, the police officer must observe a person’s behavior for 15 minutes before they can administer a breath alcohol test. During this time, the officer must be sure that the person does not do anything that may cause mouth alcohol to be blown into the breath test machine. Any of the following may can cause mouth alcohol to be blown into the breath test machine: belching, vomiting, food in braces or dentures, or drinking mouth wash.
San Francisco DUI Attorney
If you have been arrested for DUI in San Francisco, obtaining a qualified attorney is the most important decision you can make. A DUI attorney can protect your rights, inform you of your legal options, investigate the conditions of your arrest, and question law enforcement and witnesses. A skilled attorney can also provide the resources and aggressive defense you will need to successfully fight your DUI charges.
The Law Office of Robert Tayac has been helping people charged with DUI in San Francisco for over a decade. Attorney Robert Tayac has the education, training, and experience to defend your drunk driving case. Attorney Tayac can also help you schedule your hearing with the DMV and represent you at the hearing. Remember, you only have 10 days to prevent your license from being suspended. When you work with Robert Tayac, you can be assured that you are retaining the services of a knowledgeable and trustworthy DUI defense lawyer.
Contact the Law Office of Robert Tayac for your free case evaluation!
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