How to Beat a DUI Charge in 2022-2023

How to Beat a DUI Charge in 2022-2023

How to Beat a DUI Charge in 2022-2023?

Getting charged with a DUI or DWI can be a daunting experience, but you are innocent until a prosecutor proves your guilt beyond a reasonable doubt. That is a very high burden of proof for the prosecution. You can beat a DUI charge by identifying legal flaws or doubts about any key evidence required to convict under VC 23152, which defines drunk driving and driving under the influence of drugs.

Use Legal Defenses to Fight DUI Charges

California DUI laws vary by state, but legal defenses can be used to fight DUI charges in all states. Inaccurate breathalyzer BAC tests, police errors, medical conditions, and dozens of DUI defenses can be used to fight a DUI and get DUI cases dismissed or charges reduced. The best DUI lawyers get DUI charges dropped every day. You can also win a DUI case using legal motions, objections, and arguments that may have nothing to do with whether you were over the legal BAC limit.

Challenge DUI Breath Tests

DUI breath tests are the most common blood alcohol concentration (BAC) tests. However, they measure breath alcohol and then multiply that by a "partition ratio" to estimate BAC. Breathalyzers assume a ratio of alcohol in your exhaled breath to alcohol in your blood of 1:2100, but actual ratios of tested individuals range from 1:1300 to 1:3000 or more depending on sex, body weight, breathing patterns, body temperature, and hematocrit levels. Even when a DUI BAC test is executed flawlessly, experts agree that chemical testing has an error rate of between .005 to .02%. This allows DUI lawyers to fight even "flawless test results" between .08 and .10% because a .02% margin of error could lower the BAC to below the legal .08 alcohol limit. Conditions such as diabetes, hypoglycemia, or low carbohydrate diets can trigger ketosis. Ketosis is a normal metabolic process triggered in your body when it doesn't have enough carbohydrates from food for your cells to burn for energy.

Challenge the Traffic Stop

Police DUI stops must be supported by reasonable suspicion or probable cause. Traffic stops are temporary detention by police and considered a "seizure" under the 4th Amendment. For DWI stops, the most common reasons police provide are drivers exhibiting NHTSA driving impairment patterns, speeding, or running stop lights. If the officer does not have a reasonable suspicion or probable cause for the stop, your DUI lawyer can file a motion to suppress evidence to exclude any evidence obtained by illegal search. This suppression motion or "1538.5 motion" can exclude the DUI BAC tests from admissible evidence, except for DUI sobriety checkpoints. Suppressing key evidence can significantly increase the chances of getting a DUI dismissed since 23152 VC has requirements police must prove with valid, admissible evidence.

Rising Blood Alcohol Defenses

"Rising blood alcohol" defenses apply when your BAC was below legal limits when driving, but rose above the California blood alcohol limit by the time police tested your BAC level. Alcohol can take 45 minutes to 3 hours after drinking to become fully absorbed. This delay causes rising BAC levels as you wait around. The peak BAC time after drinking varies widely based on your body, when and what you ate, and other factors. A rising blood alcohol defense requires using a toxicology expert to examine the results of the BAC test and evidence to create a retrograde extrapolation analysis that shows the driver had rising BAC and was below the legal alcohol limit at the time of driving.

Auto-Brewery Syndrome Defense

Auto-brewery syndrome is a rare medical condition where alcohol is produced in a person's digestive system – without drinking any alcohol. Sometimes very intoxicating amounts of alcohol. The condition is most often linked to diets high in carbohydrates and refined foods and the overuse of antibiotic drugs. For those affected, yeast or bacteria in the intestinal tract convert sugar and carbohydrates into alcohol. You cannot be born with auto-brewery syndrome, but medical conditions, such as Crohn's disease, diabetes, and short bowel syndrome can trigger too much yeast in the gut and set off the condition. If the condition can be proven via recognized testing, your DUI lawyer can use this diagnosis to get a DUI dismissed.

Challenge Blood Testing for Alcohol

Blood testing for alcohol must follow strict protocols to ensure accuracy, and there are several ways blood tests can provide inaccurate results. Blood samples can sit for days before analyzing, and blood is an organic substance that decomposes due to enzymes and bacterial action. Decomposition can create alcohol in the blood. Blood samples with

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