San Francisco DUI Legal Defenses

 Posted on January 12, 2011 in DUI

SAN FRANCISCO DUI LEGAL DEFENSES

There are various constitutional and statutory laws that can, in conjunction with the particular facts of criminal charge of drunk driving in California provide a compelling legal defense.

Here are a few of the possible factors that could help find you NOT GUILTY of driving under the influence:

• Did anybody see the car moving with you behind the wheel?
• Did you drive because there was some sort of emergency?
• Did somebody spike your drink with alcohol?
• Did you have an unanticipated reaction to prescribed medications?
• Was your performance on the field sobriety tests (FST’s) bad because of injury to your knees, back, joints or elsewhere?
• Were you asked to perform FST’s on something other than a flat, smooth, and well-lit surface?
• Do you suffer from diabetes or hypoglycemia?
• Did you have a fever during breath testing?
• Were you wearing removable dentures during breath testing?
• Do you suffer from GERD or have other medical issues?
• Did the officer advise you of your right to refuse roadside breath testing?
• Did you consent to somebody sticking a needle in your arm?
• Did you have an ear ache affecting your balance?

REMEMBER, AN ARREST IS NOT A CONVICTION. YOU ARE PRESUMED INNOCENT.

The key to beating a DUI charge in San Francisco - or at least getting a reduced offer on it - is to retain a local San Francisco DUI lawyer who specializes in this field. Such a lawyer will know the ramifications of a DUI conviction and how the California DMV will treat a drunk driving conviction. If you have one or more prior convictions for DUI or DWI (some states refer to it as "driving while impaired"), you want an attorney who is knowledgeable about the ways to attack prior convictions and the adequacy of out-of-state convictions.