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DUI Defense in Hesperia: 6 Strategies a DUI Attorney Can Use to Help You

Posted on October 11, 2022 by leichtlawstage

If you have been accused of DUI, you are aware that the situation is serious. You might have to pay steep fines, lose your license, or even go to jail. Even if the situation appears hopeless, you should not give up. A competent DUI lawyer will thoroughly examine your case to identify the most effective DUI defense strategies applicable to your particular circumstances.

DUI Defense Strategies

There are 6 DUI defense strategies that your knowledgeable attorney could use to help you.

  1. The Defendant Was Not Driving. According to this defense, the defendant was impaired but did not break the DUI law due to not having driven. A skilled attorney may seek to prove that the defendant was not operating a vehicle at the time of the arrest. This situation may occur, for instance, if the defendant was only asleep in the vehicle and had no intention of driving.
  2. Impairment Was Not Due to Alcohol. This defense argues that even if the defendant was impaired in some way, it was not due to drinking alcohol or another substance but from another factor, such as a medical emergency. This may be shown by providing proof that the medical problem exists or by using an expert witness to verify that the situation is true.
  3. Rising Blood Alcohol Content. The quantity of alcohol in a person’s blood or breath immediately after ingestion initially increases during absorption, peaks, and then decreases and is eliminated. Since a breath test is often administered a period after driving, it is plausible that a driver’s BAC was below the legal limit while they were driving but continued to rise until the time law enforcement gave the breath test.
  4. Improper Field Sobriety Testing. Police must adhere to certain procedures while doing field sobriety tests. An attorney could be able to challenge the testing and argue that it was not a reliable reflection of the subject’s sobriety if the police did not fully follow protocol.
  5. Lack of Probable Cause. According to this line of defense, the officer had no authority to stop the defendant’s vehicle since there was no cause to believe that a crime had been committed or that the defendant constituted a danger to the public.
  6. Defense of Uncertainty. The foundation of this defense is that the prosecution may be unable to prove that the defendant was impaired during the time of the occurrence. By pointing out inconsistencies in the evidence or proving that the tests used to determine drunkenness were erroneous, a DUI lawyer may successfully use this argument.

Contact a Skilled DUI Defense Attorney in Hesperia

If you are facing DUI charges, call the Law Office of David Leicht at (760) 256-3104 for a consultation as soon as possible. The Law Office of David Leicht serves Hesperia, Barstow, Apple Valley, and other surrounding communities of San Bernardino County.

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