DUI Defenses in California

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DUI Defenses
In California
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Penalties for a Conviction
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Penalties for even a first-time, non-aggravated
DUI in California are tough, including
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mandatory 48 hours in jail (can be converted to
work service) DUI School for 3,6, or 9 months
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fines and costs totaling over 2,000 informal
probation for three to five years
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loss of your driving privileges for six
months Increased insurance rates for the next
three years or longer
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Loss of employment opportunities Disciplinary
action if you hold a professional license or
certificate
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And Interference with visitation with minor
children
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Driving Behaviors and the Stop
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Weaving, drifting, speeding, and failing to use
signals are common allegations made by officers
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If the officer testifies at trial,
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A good defense attorney can almost always get the
officer to admit that these same driving
behaviors could be caused by a distracted driver,
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A fatigued driver, or simply by a driver who was
in a hurry
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A law enforcement officer is required to have a
legal reason to stop you
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This requires the officer to have a reasonable
and articulable suspicion that a violation has
occurred
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Attacking the stop is often a GOOD DEFENSE
STRATEGY
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Field Sobriety Tests
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There are three standardized FSTs the walk
and turn, the one-leg stand, and the Horizontal
Gaze Nystagmus, or HGN, test
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The FSTs can be attacked on a number of grounds
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Not conducted properly Results not read
properly Physical disability of defendant made
performing the tests impossible
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Medical conditions contributed to test
failure Road conditions impacted test results
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Chemical Tests
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Even under ideal conditions a breath test can
produce results that are as much as 50 percent
higher or lower than the individuals actual BAC
was at the time
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Test operator may not have been properly
trained Machine may not have been
calibrated Chain of custody may have been broken
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Rising Blood Alcohol Concentration
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When you consume alcohol the alcohol begins to
absorb into your blood stream as soon as it is
ingested
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This, in turn, causes your BAC to rise up to the
point at which you reach your PEAK ABSORPTION
RATE
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Rising blood alcohol concentration defense
essentially argues
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That if you were given a breath or blood test
before you reached your peak absorption rate you
likely produced a false high BAC level
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LEARN MORE ABOUT DUI DEFENSES IN ORANGE COUNTY
CALIFORNIA
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Daryl B. Thompson Orange County DUI Attorney
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Click to visit drunkdrivinglawyer.com Or call
[phone]