If you’ve been arrested for driving under the influence, you’re probably suffering from anxiety about the possible consequences of having a DUI on your record. Even if you’ve been arrested, it’s important to remember that you will be afforded the opportunity to defend against a DUI charge in court. Having a reputable and experienced lawyer by your side will help you build a concrete defense against your charges.

There are several common defenses to use in the case of a San Francisco DUI charge:

• No Probable Cause

  A police officer must have probable cause to pull you over. If you did not disobey any traffic laws while driving, the officer did not have a valid reason to pull you over. Had you not been pulled over, you would not have been arrested for DUI.

• Inaccurate Blood Alcohol Test

  A blood alcohol test can have falsely inflated readings up to three hours after consumption of alcohol. This is caused by the process of alcohol being absorbed by the body, and any readings taken during this period of time can be regarded as inaccurate.

• No Observation

  California law dictates that a police officer must observe a person suspected of DUI for 15 minutes before using a blood alcohol test. During this period, it is the officer’s responsibility to assure that the suspect does not do anything that may cause the test to be inaccurate by having mouth alcohol blown into the machine, which can include vomiting, having food stuck in the teeth or mouth, drinking mouth wash, or burping. Failing to observe a suspect for the appropriate amount of time could lead to an inaccurate blood alcohol reading.

• False Sobriety Tests

  There are certain sobriety field tests that a police officer uses to determine if someone is under the influence; however, it is possible that a person could fail these tests for reasons other than being under the influence. Lack of sleep or anxiety can make it possible to fail sobriety tests despite being sober.

• No Miranda Rights

  California law dictates that a person must be read their Miranda Rights before an arrest or being brought into custody without being placed under arrest. Failure of a police officer to read a suspect their rights means that anything a person says after their arrest or during questioning is inadmissible in court.

If you’ve been arrested for a DUI and are looking for a lawyer to represent your case, fill out the contact form below or call today!