A Rancho Cordova DUI Lawyer Lists the Most Common Defenses for DUI

Being charged with a DUI is a serious matter that has serious consequences. While traumatic, it need not be a hopeless case if you can present a viable defense in court.

There are several of options for a defense, but you need to identify and use the one that best suits your situation. This is where help from a Rancho Cordova DUI lawyer can immensely improve your chances for a successful outcome. If successful, you may find yourself getting a reduced sentence or even having the charges against you dropped completely. Even an imperfect defense can have value.

What to Prove Otherwise

In every DUI case, there are two things the prosecution must be able to prove beyond a reasonable doubt, (1) the defendant, or the person being charged, was driving a vehicle, and that (2) they were driving while under the influence, or that the person’s ability to drive safely was impaired after drinking alcohol. To reduce your charges, you must show at least one of these two elements cannot be proven beyond a reasonable doubt.

What Defense to Use

Each DUI case is different and thus may require different defense strategies depending on the situation. You can begin by questioning the manner of your arrest by the police officer—if they had legal justification to pull over your vehicle and arrest you, or if he followed the proper legal procedures while arresting you. Did the officer have probable cause to stop your car and arrest you? Disputing the blood alcohol concentration (BAC) is also a common approach. Demonstrating that you have “raising blood”, ie your BAC was higher when tested than when driving can have a positive effect on the outcome.

The law does provide for rare situations, for emergency actions. You show that due to factors that simply cannot be helped, such as an emergency situation that necessitates you to drive despite having had alcohol. Proving that you were forced to drive to prevent a greater evil, meaning you saw no other options available, can be deemed as a mitigating circumstance.

If you believed that the drink served to you was spiked with an unrecognizable quantity of liquor or drugs, you may present some sort of unconscious defense. Whichever course of defense you take, it is important that you talk first to a criminal defense attorney in Rancho Cordova, like those from the Chastaine Law Office, to have a better chance of your charges getting reduced.