DUI Defenses in Orange County

Alcohol takes time to metabolize after consumption. Depending on factors like your weight, what you were drinking and at what time, and whether or not you consumed food before or after imbibing, the time it takes for alcohol to enter your bloodstream can vary dramatically. 

The rising blood alcohol defense is built on this rationale.

Ultimately, the goal of this defense is to prove that while your BAC may have tested above the legal limit at the time of your test, your BAC could reasonably have been below the legal limit when you got pulled over since your BAC level continues to rise after you have finished drinking. 

To substantiate this defense, we will examine things like the number and types of drinks you consumed, your height and weight, the time at which you began driving vs. the time at which you were tested, witness testimony, and if you consumed any food that could influence the rate at which your BAC was rising during your arrest. We can even bring in expert witnesses to testify to the science of this defense. 

The goal is to establish reasonable doubt in your case. If we can prove that it is likely or even possible that your BAC was rising between your arrest and the time of your breathalyzer test, we can establish reasonable doubt and potentially get your case dismissed. 

Medical Defenses

A wide range of health conditions can affect how a DUI arrest will play out. Many behaviors associated with being intoxicated are actually symptoms of underlying medical conditions. As such, it can be argued that certain behavioral symptoms that may be used as evidence of being under the influence are invalid. One good example is that hypoglycemia can lead to fatigue, slurred speech, and dizziness, affecting performance on field sobriety tests.

Medical conditions can also lead to unreliable results from specific sobriety tests.

Some conditions and medications can also influence the results ofbreathalyzer tests, such as:

• Conditions such as gastric reflux, flu, PMS, and fever all render a person unsuitable for breathalyzer tests as they lead to inaccurate results on a breath test.
• Some over-the-counter and prescription medications are alcohol-based, which can influence a breath test without necessarily impairing your ability to operate a vehicle.
• Many common asthma medications can read as alcohol in a breath test.
• Common oral medications, mouthwashes, and breath sprays can lead to inaccurate breath test results because they typically contain alcohol.

We will look at all aspects of your medical record to see if there is room for a medical defense. Whether you took any medications that are known to affect the results of tests will also be examined and used to corroborate your innocence.

Not Being Allowed to Contact an Attorney

As soon as you are arrested, you can refuse to answer any questions until your attorney is present. If you are led to believe that you cannot contact an attorney and are effectively coerced or misled into cooperating with law enforcement at the time of your arrest, we can file a motion to suppress anything you told the officers during questioning. 

Keep in mind that this only applies after you have been arrested. You are not entitled to contact an attorney if an officer is questioning you at the scene. 

Illegal Traffic Stop

Police require probable cause to pull you over. Without it, any arrest or test administered can be considered null and void. 

To prove that police lacked probable cause during your traffic stop, we can examine security, dash, and body camera footage. We also collect statements from any witnesses. If you were driving competently and we can demonstrate that there was no reason to suspect you of any traffic violation, we may be able to get the case dismissed. 

We may also be able to argue that you were pulled over as a result of profiling related to age, race, gender, religion, etc., therefore making the stop illegal.

Invalid Field Sobriety Test

There are numerous situations in which field sobriety test results can be considered invalid.

First, we should mention that you are under no legal obligation to submit to a field sobriety test. If an officer leads you to believe that engaging in a field sobriety test is legally mandated, the results can be challenged and potentially dismissed as evidence.

The horizontal gaze nystagmus test is a field sobriety test that measures involuntary jerking of the eyes. It is used by law enforcement to evaluate an individual's nystagmus to determine if probable cause exists for a drunk-driving arrest. When performing this test, it is common for officers to misinterpret the movements of the eyes, provide incorrect or inadequate instructions, or fail to perform the test long enough to get an accurate result. Distractions—especially flashing lights and the passing headlights of cars—can also influence how your eyes react to the test.

Additionally, the one-leg stand and walk-and-turn tests look for inconsistencies in coordination and balance, as well as your ability to perform mental and physical tasks simultaneously. Any number of factors can complicate your ability to complete these tests earnestly. Distractions, anxiety, ADHD, the conditions of the ground under your feet, and the weather can all affect your performance on these tests.  

If the results of a field sobriety test are what led to your arrest, we may be able to contest their validity based on any of these factors.

Invalid Chemical Tests

While chemical tests can produce compelling evidence, it is vital to remember that several factors determine whether or not the tests produce reliable results. In many cases, we can contest the validity of these tests by arguing that they were improperly administered or produced an incorrect result.

If your test was improperly administered, it can be declared invalid. This happens more often than you may think. 

A test can be challenged as improperly administered if: 

• Police failed to observe you for a period of 15 minutes before taking your chemical test
• Police failed to calibrate the machine prior to testing you
• Police waited in excess of 3 hours after your arrest to administer a chemical test
• Your test was administered by someone who lacked proper training

All of the above are grounds to challenge the validity of test results.

Additionally, we can explore whether or not your blood sample was mishandled or cross-contaminated when it was in the lab for testing. There is also the possibility that a medical condition influenced your test results, as we discussed previously. 

How an Attorney Can Put Together Your Defense

Our attorneys at Braden & Tucci are highly experienced in defending people facing DUI charges. In fact, it's the only kind of case we handle. 

We will meticulously analyze the circumstances of your arrest to pinpoint any opportunity to challenge evidence and other factors that led to your arrest. We will collect evidence in the form of witness testimony, documentation, camera footage, and, if necessary, the opinions of any experts relevant to your case and then organize them into a solid and coherent defense.