DUI charges in California are serious, and if you are found guilty, you stand to incur stiff, life-changing penalties. When you hire an experienced DUI attorney, you can mount the strongest possible defense, which is critical when you’re arrested on drunk driving charges.
Were the Officers Following Protocol During Your Stop?
In a DUI case, the first thing to determine is if the arresting officers were following protocol. Questions to ask include:
- Did the officer have probable cause to pull you over?
- Did the officer wait the appropriate amount of time before administering a breathalyzer test?
- Was the breathalyzer testing equipment properly maintained and calibrated according to protocol?
If the officers did not have probable cause to stop you, or they did not properly administer a breathalyzer test, evidence may be withheld from court. By withholding evidence, the prosecution’s case against you is significantly weakened, and you stand a higher chance of seeing a dismissal or reduction in the charges if no evidence against you is admissible in court.
Were There Alternative Explanations for Officer Observed Behavior?
Often, the arresting officer’s observations are an important part of the prosecution’s case against you. However, there may be alternative explanations for your behavior. Some questions to ask include:
- Were you tired at the time you were pulled over? Fatigue can cause red eyes, slurred speech, and erratic driving.
- Have you taken any medications that were prescribed to you?
- Do you have medical conditions that cause you to walk off balance or appear to have red eyes?
- Do you have medical conditions that could skew breathalyzer test results, such as acid reflux disease?
If you have alternative explanations for test results or behavior that the officer observed, this can weaken the prosecution’s case against you.
Contact the Law Office of Jennifer Mouzis Today
Reach out to an experienced criminal defense attorney if you’ve been arrested for drunk driving in California. At the Law Office of Jennifer Mouzis, we will thoroughly investigate every aspect of your case to build a strong defense and meet the prosecution head-to-head. Contact us today for a consultation to discuss your case in detail by calling (916) 822-8702. We are available now to assist you.