8 DUI Defenses That Are Often Overlooked (But Can Actually Help You Avoid Criminal Charges)

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8 DUI Defenses That Are Often Overlooked (But Can
Actually Help You Avoid Criminal Charges)
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If you are represented by an experienced DUI
defense attorney Los Angeles, your likelihood of
avoiding criminal charges for driving under the
influence of alcohol or drugs increases
substantially. A skilled defense lawyer can help
you avoid a DUI conviction not only because he or
she has fundamental knowledge about how
Californias criminal justice system works, but
also because your defense attorney knows what
criminal defense strategy will work best in your
particular case. ALos Angeles DUI defense
attorney from Okabe Haushalter to spell out
some of the most effective yet commonly
overlooked DUI defenses, which you should
definitely consider if you want to avoid being
charged with a crime for operating a vehicle
while intoxicated.
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The Arresting Police Officer Was No Expert In
Conducting The Hgn Test
Suppression of testimony of the Horizontal Gaze
Nystagmus (HGN) test conducted by
non-experts. Many of those arrested for DUI do
not realize that they can throw out the evidence
of the Horizontal Gaze Nystagmus (HGN) test by
simply arguing that the officer is not an expert
in conducting this particular test, says their
experienced DUI defense lawyer in Los Angeles.
That because under California law, the arresting
police officer must be an expert to present the
testimony of the HGN test to the jury.
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The Arresting Police Officer Didnt Comply With
The 20-Minute Observation Period
One of the most common DUI defenses is rooted in
the legal basis of the police officers, breath
test operators, or inspectors non-compliance
with administrative rules. According to
administrative rules of conducting field sobriety
tests during DUI stops, a police officer, breath
test operator, or inspector must make sure that
the person who is being tested has not taken
anything by mouth or regurgitated anything for at
least 20 minutes prior to taking the breath test,
also known as the Breathalyzer. If the arresting
police officer, breath test operator or
inspection did not watch you for the required
20-minute observation period before making you
blow, your Los Angeles DUI defense attorney will
be able to persuade the judge to drop or dismiss
the DUI charges based on the legal basis of
non-compliance with administrative rules.
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Other Dui Defenses Based On Non-compliance With
Administrative Rules

• The DUI charges can be dismissed or dropped on
  the basis of non-compliance with administrative
  rules if any of the following scenarios is true
• The breath test results are not within /-.20
  g/210 L (you are required to blow into the
  Breathalyzer machine at least twice for the
  results to be considered admissible)

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• The breath test operator or arresting police
  officer was not properly trained for the field
  sobriety test results to be admissible (under
  California law, a breath test operator must be at
  least 18 years of age, have a high school
  diploma, and have successfully completed the
  breath test operator course)
• The Breathalyzer machine was not properly
  maintained (under California law, every
  Breathalyzer machine must be inspected at least
  once a month and again annually the rule applies
  to both machines in the police stations and
  mobile units)

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Suppression Of Breath Test And Blood Test Results

• If the arresting police officer refused to allow
  you to take an independent blood test, your DUI
  defense lawyer Los Angeles might be able to
  persuade the judge to suppress evidence of the
  breath test.
• The same goes for when the arresting police
  officer takes your blood without your permission.
  Under California law, for the blood test evidence
  to be considered admissible, an arresting police
  officer must prove one of the following
• He or he had reasonable cause to believe that the
  driver was impaired
• The driver needed to be taken to a hospital or
  other medical treatment facility
• Conducting a breath or urine test would be
  impractical or impossible

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Also, if the police lost the video showing your
behavior during the DUI stop, your Los Angeles
DUI defense attorney will most likely be able to
convince the judge to drop or dismiss DUI charges
on the basis of violations of the DUI statute.
After all, the videos could have been used to
exonerate you in court. Contact Okabe
Haushalter to find the most suitable DUI defense
strategy for your particular situation. Get a
free consultation by calling at 310-430-7799.
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CONTACT OKABE HAUSHALTER
Two California Plaza 350 S Grand Ave, 2220 Los
Angeles, CA 90071
310-430-7799
https//www.southbaylawyer.com/contact-us/