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Top DUI Defenses: Part 3


The following is the third – and final – section of a three-part series about the top 10 DUI defenses:

#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 testing devices.

#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 interrogation

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 criminal consultation with Appel & Morse today.

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