How to Challenge a DUI Charge in California

Being charged with a DUI (driving under the influence of alcohol or drugs) is serious. You could be facing significant jail time and fines, not to mention the loss of your license and other restrictions. A conviction could have drastic repercussions for your professional and personal life long after the courts resolve the matter.

Importantly, however, an arrest is not the same thing as a conviction. One of the most important steps you can take in protecting your rights is to contact a knowledgeable Contra Costa County DUI defense attorney. The Law Offices of Johnson & Johnson is here to present a compelling case on your behalf.

The Potential Penalties of a California DUI

California takes a severe approach to driving under the influence, a fact that is reflected in the state’s DUI laws. An officer can charge you with DUI if you register a blood alcohol concentration of 0.08% (0.04% for a commercial or rideshare driver, or 0.05% for a driver under age 21). A conviction could mean:

First offense: Up to 6 months in jail and a fine of up to $1,000.
Second offense: 96 hours minimum and up to a year in jail and a fine of up to $1,000.
Third offense: 120 days minimum and up to a year in jail and a fine of up to $1,000.

The court will also require you to install an interlock ignition device and take DUI prevention classes. Your insurance premiums will go up and you could lose your job due to restricted driving privileges. The penalties and fines are far more serious when the DUI results in an injury in Contra Costa County.

Can I Beat a DUI Charge?

It is imperative that you retain skilled criminal defense counsel to review the circumstances surrounding your arrest and DUI charge. Knowing the basic facts and examining the evidence can help your attorney devise a personalized legal strategy. This may include the following defenses:

Intoxication symptoms are not necessarily from a DUI: Law enforcement officers in Contra Costa County are trained to look for signs of intoxication such as red, watery eyes and slurred speech. But these symptoms may be attributable to other causes such as allergies or fatigue.
Inaccurate field sobriety test results: Officers routinely perform field sobriety tests, and prosecutors rely on the results to try to prove a DUI charge. But the test may have been administered improperly or under poor conditions (e.g. an uneven road surface). Also, your bad performance may be the result of something besides intoxication, like a disability.
Problems with the breathalyzer: Breathalyzer tests give law enforcement officers their BAC readings. However, police must carefully maintain and properly calibrate these devices. If there is evidence of problems with the device, it may call the results into question.
Lack of probable cause: Police need probable cause before they can stop a vehicle on suspicion of DUI in Contra Costa County. Without this, the traffic stop may have been illegal and you could ask the court to suppress the evidence obtained through it.
Rising BAC: This is a situation in which alcohol continues to get absorbed into the driver’s bloodstream even after they stop drinking and begin driving. It is therefore possible for the driver’s BAC to have been under the legal limit while driving, but elevated later when they took the breathalyzer test.
Lack of impairment: If you can show that you were not in fact impaired when the officer stopped you, this could undermine the state’s case against you. For instance, you may have exhibited clear and coherent speech and safe driving behavior.

Reach Out To Begin Your Defense

If you have been charged with a DUI, the decisions you make now will affect your freedom and your future for quite some time. Get started by contacting the DUI defense team at The Law Offices of Johnson & Johnson. We can explore defense strategies and potential plea bargains that could help you avoid serious legal trouble.

The Potential Penalties of a California DUI

First offense: Up to 6 months in jail and a fine of up to $1,000.

Second offense: 96 hours minimum and up to a year in jail and a fine of up to $1,000.

Third offense: 120 days minimum and up to a year in jail and a fine of up to $1,000.

Can I Beat a DUI Charge?

Intoxication symptoms are not necessarily from a DUI: Law enforcement officers in Contra Costa County are trained to look for signs of intoxication such as red, watery eyes and slurred speech. But these symptoms may be attributable to other causes such as allergies or fatigue.

Inaccurate field sobriety test results: Officers routinely perform field sobriety tests, and prosecutors rely on the results to try to prove a DUI charge. But the test may have been administered improperly or under poor conditions (e.g. an uneven road surface). Also, your bad performance may be the result of something besides intoxication, like a disability.

Problems with the breathalyzer: Breathalyzer tests give law enforcement officers their BAC readings. However, police must carefully maintain and properly calibrate these devices. If there is evidence of problems with the device, it may call the results into question.

Lack of probable cause: Police need probable cause before they can stop a vehicle on suspicion of DUI in Contra Costa County. Without this, the traffic stop may have been illegal and you could ask the court to suppress the evidence obtained through it.

Rising BAC: This is a situation in which alcohol continues to get absorbed into the driver’s bloodstream even after they stop drinking and begin driving. It is therefore possible for the driver’s BAC to have been under the legal limit while driving, but elevated later when they took the breathalyzer test.

Lack of impairment: If you can show that you were not in fact impaired when the officer stopped you, this could undermine the state’s case against you. For instance, you may have exhibited clear and coherent speech and safe driving behavior.

Reach Out To Begin Your Defense