What Are the Legal Defenses for a DUI Charge in California?

 Posted on August 13, 2024 in DUI

Being charged with driving under the influence (DUI) can be a difficult experience. California imposes some harsh penalties for DUI convictions, including heavy fines, license suspension, and even jail time in some cases. A driver can be charged with a DUI for a variety of substances while driving any one of several types of vehicles.

If you are facing a DUI charge, it is important to know what legal defenses are available. This article will explore DUI laws and legal defenses, though it is best to hire a California DUI defense attorney if you are facing DUI charges.

DUI Charges in California

In California, driving any kind of motorized vehicle while under the influence of any substance that impacts your ability to drive that vehicle may be considered a DUI. Driving a car, motorcycle, boat, or electric scooter while under the influence, for example, can be enough for a DUI charge. California law even has laws about riding bicycles under the influence. Anyone between 13 and 20 years old who rides a bike while impaired by alcohol or drugs may have his or her license delayed or suspended for a year when he or she is eligible to drive.

Driving after taking any substance that impairs your ability to drive can result in a DUI charge. Such substances include:

• Alcohol
• Illegal drugs
• Prescription medications

In California, a driver can face penalties even without being convicted of a DUI. If a police officer asks a driver to submit to a urine or blood test due to suspicion of a DUI and the driver refuses, his or her license will be suspended for a year.

What Are the Legal Defenses for a DUI Charge?

Fighting a DUI charge can be difficult because it usually comes after law enforcement has already obtained some proof of your impairment, such as a breathalyzer test, field sobriety test, urine test, and/or blood test. If a breathalyzer or blood test shows your blood-alcohol concentration (BAC) to be 0.08% or more, it can lead to a DUI conviction.

However, there are several legal defenses against a DUI charge. For example:

• Your BAC was higher because of mouth alcohol, diabetes, or other causes.
• The officer did not follow proper procedure and the case should therefore be dismissed.
• You were not driving the vehicle.
• Your BAC had risen by the time the officer tested it. While you were driving, however, your BAC was within the legal limit.

Contact a San Francisco, CA DUI Defense Attorney

By the time you are charged with a DUI, it is likely that the state already has some incriminating evidence against you. The best way to defend yourself is to hire a Richmond, CA DUI defense lawyer to represent you. At Burglin Law Offices, P.C., Paul Burglin has defended over 5,000 DUI charges and has studied chemical testing and scientific protocols in DUI cases. Start building a strong DUI defense today by calling 415-729-7300 to schedule a free consultation today.