Best DUI Defenses

Best DUI defenses:

Our attorneys are experienced using many different defenses to help clients fight their DUI charges. The following are a few of the most common, and most successful defenses that are often used for a DUI. For a free consultation about your case call 530-580-8529 for Chico’s best DUI attorney!

“No Driving” Defense:

 A person can be charged with a DUI even though the police did not see them driving. Indications of driving, such as the car hood is warm, the keys are in the ignition, and the engine is running and no one else is around, are circumstantial evidence of driving. Many times on officer arrives on the scene of an accident where the accused is already out of his vehicle, which doesn’t prevent someone  from being arrested for DUI.

Drinking After Driving Defense

Having a drink after driving is a legitimate defense to DUI. A typical drinking after driving DUI defense is when someone is involved in an accident or their car breaks down and shortly thereafter they go into a bar or liquor store to acquire and consume alcohol. In many of these situations there will be a receipt to establish that the alcohol purchase occurred after driving. Moreover, a viable defense to DUI occurs if a store clerk or bartender will testify that the accused was not or did not appear to be intoxicated. Some people accused of DUI have a drink as soon as they get home.

Rising BAC Defense

 Rising Blood Alcohol Defense. A commonly used defense is a rising blood alcohol defense. This could be that a person was drinking shortly before driving. Alcohol takes time absorb into a person’s blood stream. So, a person may be sober or under 0.08 blood alcohol level while driving but under the influence over 0.08 at the time the are tested after arrest. The most viable blood alcohol defenses occur when an accused is stopped or found close to their destination so it can be shown that when they arrived at their destination they were not under the influence or driving with a blood alcohol level of .08 or higher. In many instances in California a person is given two breath tests, one directly after being stopped called a PAS (preliminary alcohol screening) test and a breathalyzer test at the station. A rising blood alcohol defense can be won many times when the second breath test read out is higher than the first PAS test. A timeline for a reasonable assessment of your alcohol levels can be addressed by your attorney.