The following is the third – and final – section of a three-part
series about the top 10
#7: Your BAC Was “On the Rise”
When you drink, your BAC rises dramatically and steadily until it reaches
its maximum level. During this time, your BAC is rising, taking about
50 minutes to reach its peak – although various factors can take
as much as two or three hours.
If you had a rising BAC when you were pulled over, the results of your
DUI chemical test could be flawed. It is possible that your BAC could
have risen to over the legal limit during the lengthy DUI investigation.
The only thing that matters is what your BAC level was
at the time you drove.
#8: You Were Still Mentally Alert
There is a difference between physical impairment and mental impairment.
Officers often testify that defendants displayed physical signs of impairment;
however, they don’t always testify that DUI suspects showed signs
of mental impairment. A skilled attorney can demonstrate that someone
who displayed no signs of mental impairment probably had some other explanation
for physical symptoms resembling drunk driving.
#9: Medical Conditions and Diets Falsely Inflated Your BAC
Medical conditions such as diabetes and hypoglycemia, as well as popular
diets, can form the basis of a successful defense against California DUI charges.
Our bodies normally obtain fuel from dietary carbohydrates. However, due
to specific conditions such as fasting and high protein diets, the body
must break down stored fats for fuel.
When the body is burning fat, the liver produces toxic byproducts known
as “ketones.” Ketones are chemically similar to the isopropyl
alcohol found in solvents such as acetone. In some cases, these ketones
are excreted in the breath, which could cause a false reading in DUI breath
#10: Arresting Officer Didn’t Follow Proper Protocol
Failure of police to follow proper procedures is considered one of the
strongest defense strategies against DUI charges. It is important to understand
that a California drunk driving investigation is meant to be safeguarded
by protocols to protect a DUI suspect from police misconduct.
These procedures include:
- Title 17 regulations
- Arresting officer must establish “probable cause” for a California
traffic stop, DUI investigation, or DUI arrest
- Arresting officer read your “Miranda” rights prior to a DUI
IF any of these protections are violated, a skilled criminal defense attorney
can request a “suppression hearing” to exclude any evidence
that wasn’t properly obtained and give the lawyer a “pre-trial”
opportunity to point out holes in the prosecutor’s case in order
to get the charges dropped or reduced.
If you have been recently arrested and charged with a DUI in Ventura County,
schedule a free consultation with
Appel & Morse today.