Can You Beat a DUI Charge in California? Common Defense Strategies That Work

A DUI Charge Is Not a Conviction

Many people assume that if they were arrested for DUI and blew over 0.08%, their case is hopeless. That is not true. DUI cases are built on evidence, and evidence can be challenged.

Here are the defense strategies that actually work in California DUI cases.

1. Challenging the Traffic Stop

The Fourth Amendment protects you from unreasonable searches and seizures. A police officer needs reasonable suspicion to pull you over. If the officer did not have a valid reason for the stop, everything that followed, including the breath test, may be suppressed.

Common invalid reasons for stops:

• Pulling you over based on an anonymous tip without independent verification
• Stopping you for a minor equipment violation as a pretext
• Stopping you at an improperly conducted DUI checkpoint

If Jack can show the stop was unlawful, the entire case may be dismissed.

2. Questioning Field Sobriety Tests

Field sobriety tests (FSTs) are not as reliable as police make them seem. The National Highway Traffic Safety Administration (NHTSA) has established strict protocols for administering these tests, and officers frequently deviate from them.

Problems with FSTs:

• Uneven or sloped surfaces can cause anyone to lose balance
• Medical conditions like inner ear problems, back injuries, or neurological issues can mimic impairment
• Nervousness and anxiety from being stopped by police can affect performance
• Footwear like heels or boots can make balance tests unreliable
• Officer bias in interpreting subjective "clues" of impairment

FSTs are designed to fail. Even sober people fail them regularly.

3. Attacking Breathalyzer Results

Breathalyzer machines are not infallible. They require regular calibration, proper maintenance, and correct operation. Common issues include:

• Calibration errors: If the machine was not calibrated according to schedule, the results may be inaccurate
• Mouth alcohol contamination: Burping, acid reflux, or recent use of mouthwash can produce falsely high readings
• Rising blood alcohol: Your BAC may have been below 0.08% while driving but rose above that level by the time you were tested
• Radio frequency interference: Electronic devices near the breathalyzer can affect readings
• Operator error: The officer may not have followed proper testing procedures

4. Challenging Blood Test Results

Blood tests are generally more accurate than breath tests, but they are not immune to challenge:

• Chain of custody issues: If the blood sample was not properly stored, transported, or documented, the results may be unreliable
• Fermentation: Improperly stored blood samples can ferment, producing alcohol that was not in your system
• Contamination: If the blood draw site was swabbed with an alcohol-based antiseptic, it could contaminate the sample
• Lab errors: Mistakes in the testing process happen more often than you might think

5. Rising Blood Alcohol Defense

Alcohol takes time to absorb into your bloodstream. If you had drinks shortly before driving, your BAC may have been below 0.08% while you were behind the wheel but rose above that level by the time you were tested at the station.

This is a legitimate defense because the law prohibits driving with a BAC of 0.08% or higher, not having a BAC of 0.08% at the time of testing.

6. Necessity or Duress

In rare cases, you may have a defense based on necessity (you drove to avoid a greater harm) or duress (someone forced you to drive). These defenses are uncommon but can be effective in the right circumstances.

Why Experience Matters

Knowing these defenses exist is one thing. Knowing how to present them effectively in a specific courthouse, before a specific judge, with a specific prosecutor is something else entirely.

Jack Ter-Saakyan has spent 20 years in the courtrooms of Pasadena, Glendale, Burbank, and Downtown LA. He knows which arguments work with which judges, which prosecutors are open to negotiation, and which cases are worth taking to trial.

Every case is different. Call Jack for a free consultation to find out which defenses apply to your situation.