Fisher Law Office

Defense options to a DUI charge that may apply to you

Whether you found yourself on the side of the road participating in field sobriety tests for the first time or the fourth time, it can be a disorienting and frightening experience. If a San Luis Obispo police officer believed you failed those tests and suspected you of impairment, you probably found yourself taking a ride in the back of a patrol car.

Now, you wonder whether you could face conviction for DUI. Police may have made it sound as though they had you "dead to rights" for drunk driving, but that may not necessarily be the case. Numerous defenses to the charges against you may apply to your case.

You have the right to defend yourself

You may know that the law allows you to challenge the charges, but you may not know how to do it or what defenses are available to you under the circumstances. Depending on your situation, you may be able to use one or more of the following defenses:

  • It's possible that the officer improperly stopped you in the first place.
  • It's possible that the issues existed with the portable or standard breath testing machines. Officers may not have properly maintained or calibrated the machines, which could skew the tests. The officer administering the test, either at the scene or at the jail or station may not have had the proper training. Other factors could also affect the accuracy of the test such as indigestion or vomiting.
  • Field sobriety tests are highly subjective. If the officer already suspected you of impairment, he or she may have approached your tests expecting you to fail. Again, officer training may also play a role in whether the court could trust the results of these tests.
  • It takes some time for alcohol to reach its full effects on your body. It's possible you were not legally impaired at the time of your arrest, but your BAC continued to rise while you waited for further testing.
  • The blood taken from you to determine your blood alcohol concentration may have been mishandled either by police, the person drawing it or the lab technician who conducted the testing.

It takes some investigation to figure out whether any of these defenses to the charges apply to you, and you may not know what to look for in order to make those determinations. This where experienced legal resources prove invaluable.

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Fisher Law Office

1322 Morro Street
San Luis Obispo, CA 93401-4028

Phone: 805-706-0205
Fax: 805-542-0464
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