Legal Question in DUI Law in California
Can I win my DUI case?
I was arrested for DUI with a BAC of .08. I think probable cause is lacking. I was sighted because I did not signal a lane change a 100 meters away, but I did signal. I also drove fine, and I have 3 witnesses that concur with me. However, I drive a truck, and because of the layout of my bed, I had a half full bottle of J.D. and an open box of beers, but no open containers. They were placed behind the driver's seat, which is inaccessible. Can I win this case and leave with no penalties?
3 Answers from Attorneys
Re: Can I win my DUI case?
It sounds to me, from what you have described, that you do have some defenses. Although I don't have what the police wrote in front of me (which is what the prosecutor and the judge will have for filing or hearing a motion), especially with the low alcohol level, you should seriously think about fighting this, and obtaining an attorney to do so.
If you want more information or have other questions, please feel free to email me or call my office at 714-568-1560. Thanks.
Re: Can I win my DUI case?
I can't say for sure whether or not you can win this case outright and walk away without any penalties whatsoever without first reviewing all of the discovery in this matter. However, it does appear that you may have some good facts in your favor and your BAC is right at the limit. If you would like assistance with this matter, feel free to contact me.
Re: Can I win my DUI case?
You have a great chance of winning and here is why:
1. From what you say there was no bad driving, which is what the D.A. needs to prove the first count of V.C.23152(a).
2. From what you say there was no violation or probable cause to pull you over. You should run what is called a 1530.5 motion to exclude evidence against you due to a stop that was a violation of your 4th amendment right to free from unreasonable searches and seizures.
3. You B.A.C. was only .08. A good attorney and the right expert can demonstrate to the jury that it is common for the machine to have a .02+- error rate. This could put you below .08. Further, any testimony indicating that you did not drink enough given your body weight.
4. You may even have a rising B.A.C. defense that says at the time you took the test you were a .08, but at the actual time of driving you were something less.
I think only you can decide if you should fight it. You are right on the cut-off. It sounds as though you have some good witnesses and a plausible explanation.
You should always fight it if you are innocent and the government cannot prove their case.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
