Modesto DUI Defense

If you have been charged with a DUI make sure you contact a Modesto lawyer right away. There is no point in shopping around for attorneys when there is one that has won all his DUI jury trials. A good DUI attorney can assess a situation and determine if there is a good chance at beating your DUI case outright, or getting it reduced to a lesser charged. There are certainly situations where law enforcement errors can lead to your charges being reduced or even dismissed.

Defenses to a DUI-Modesto, CA

The following listed below are some example defenses to a DUI:

Reasonable Suspicion to stop: An officer must have some kind of legal reason to stop your vehicle. Let’s say for example a police officer stops your car without sufficient reason, then your DUI case would get dismissed outright.

Rising blood: This is probably the most popular defense to a DUI. When someone downs an alcoholic drink immediately before leaving the bar and getting into their vehicle, the alcohol is being absorbed from their stomach into their blood. This process can take anywhere from a few minutes to over an hour. When that person submits to a breath or blood test in this situation, they are still in the process of getting drunker at the time of the test. Therefore, if the driver tests at a certain number, let’s say .09% in our example, and that test came 20 minutes after driving, then it is a fact that the driver’s blood alcohol level was less at the time of driving. That means the driver could have been a .06% at the time of driving. It all depends on how much the driver had to drink, body weight, and absorption. In this example the driver would be not guilty of a DUI, even though they registered a .09%.

Mouth alcohol: The presence of alcohol in a person’s mouth, can give an artificially high reading on the breath machine. The breath machines can determine the amount of alcohol in your blood based on your lung air ratio. If you have alcohol in your mouth at the time you blow into the machine, then your test results are probably inaccurate. If you have Gastroesophageal reflux disease (GERD), then alcohol may be seeping from your stomach through your esophagus, into your mouth. That means you could potentially blow a .28%, and really be only a .02%.

Machine error: The breath machines malfunction from time to time. If your breath machine is off by .02% and you blow a .08%, then you obviously could have been a 06% at the time you registered your .08%. That’s why you need an experienced DUI attorney to request all of the calibration logs, maintenance logs and accuracy checks. Even the slightest malfunction could help beat your case.

Blood test error: Problems can arise with any blood test. If the blood is not extracted correctly or not taken care of, that can lead to false results.

Modesto DUI Defense Attorney

If you have been charged with a DUI, you need to consult with a skilled DUI defense attorney. Anybody can say anything, however, numbers don’t lie. Modesto DUI lawyer Ben Roberts has won all of his DUI jury trials. Call the law office of Ben Roberts today for a free consultation.