DUI Defense Attorney – DUI Defenses
There are a number of defenses that you may have when charged with a DUI. The following is a list of just some of the defense that can be used to win your case. Each case will depend on the facts of the events that occurred, call the Law Offices of Nam Q. Doan for a more detailed and specific analysis of your possible defenses. I am a Southern California DUI defense attorney and will be here to help.
“I wasn’t driving” Defense:
One of the most obvious defenses to a DUI that can be used is if you were not driving the vehicle. Driving a vehicle is the very first element the prosecution must prove for a DUI. Remember that it is the prosecution’s job to prove up each element, including the fact that you were driving the vehicle. If they cannot prove you were driving, you will not be convicted of a DUI.
Rising BAC Defense:
DUI stands for “driving under the influence.” It does not stand for being under the influence at the time of the alcohol test. This means that in order to be convicted of a DUI, the prosecution must prove that you were drunk when you were driving. There may be evidence against you that shows your BAC was 0.08% or higher, but that does not necessarily mean that you were at 0.08% when you were driving.
When you are stopped by a police officer, it takes a while for them to get your information, arrest you, take you to the station, and then test the level of alcohol in your system. When alcohol is consumed, your BAC does not instantly go from 0% to 0.08%. The alcohol takes some time to metabolize in your system, and will gradually rise.
The Rising BAC defense is used when you want to argue that your BAC was at 0.07% (the legal limit) or lower at the time you were arrested and your BAC was still rising. Then by the time you got to the station to and your BAC was tested, your BAC rose from 0.07% to 0.08% or higher. So even though your BAC shows that you were over the legal limit, this defense shows that you were not under the influence when you were driving and therefore the jury should not convict you.