California DUI Defense Strategies
Kestenbaum Eisner & Gorin, LLP, aggressively pursues the defense of DUI cases throughout Los Angeles and the San Fernando Valley. The most appropriate defense will depend on the facts and circumstances of your specific DUI case. Below are examples of defense strategies utilized in past misdemeanor and felony court matters by our DUI law firm.
- Unlawful Traffic Stop - A police officer can make a lawful traffic stop for any traffic violation such as speeding, reckless driving, failing to signal, etc. If the officer fails to provide justifiable reasons for the traffic stop, the accused is entitled to have the court grant the Suppression of Evidence Motion. At the suppression hearing, testimony from the officer is taken and the judge decides whether the police officer met the constitutional standard for a legitimate traffic stop. If not, the entire DUI case can be dismissed due to a violation of constitutional rights.
- Lack of Probable Cause for DUI arrest - Before law enforcement can arrest you for DUI, they must have probable cause that a DUI has been committed. Probable cause is a reasonable belief that a crime was committed. This means that an officer must have a reason to believe that the accused was intoxicated, while operating a motor vehicle, before making a legitimate arrest
- Violation of Miranda Rights - According to U.S. Constitutional law, a police officer must advise a suspect of Miranda rights if one is under arrest and questioned about the events preceding the arrest. Typically DUI officers do the relevant questioning (about how much you had to drink, who was driving, what did you eat, when did you sleep, etc.) before placing the subject under arrest and thus do not have to advise individuals. If the arresting officer failed to read you your Miranda Rights after you were arrested, statements you made after your arrest can be excluded from evidence.
- Inaccurate Field Sobriety Test Results - Interpretation of how someone performs is very subjective, and unfortunately the only witness to this is the officer and the client. Often people are not able to perform the field sobriety tests (FST) to an officer’s expectations – but this does not mean they are intoxicated! A person may fail the field sobriety tests due to fatigue, level of physical dexterity, illness, road conditions, weather conditions, lack of direction, or nervousness. All of these factors will impact the results of FST performance, even if the person is sober. It would be interesting to see how the officers would do on these tests if asked to perform them. Importantly, under California law, a person has the right to even refuse performing the field sobriety tests.
- Inaccurate Blood-Alcohol Readings - This is frequently referred to as the “on the rise” defense, and focuses on the suspect’s drinking pattern before the arrest. A breath alcohol test can report high readings if alcohol is still being absorbed into a person’s bloodstream. So if someone took numerous drinks right before getting pulled over, the alcohol may not be fully absorbed at the time of driving. When alcohol absorbs into the bloodstream, it is referred to as “the absorption phase.” The jury is even instructed at the end of a trial that the absorption phase can last up to 3 hours after the person has finished drinking. If a breath test is administered during the “absorption” phase, the blood alcohol results will likely be inaccurate. In other words, at the time of driving, the person was not intoxicated - but rather his BAC % was at the unlawful limit at the time of giving breath or blood for analysis.
- Lack of Observation - According to California law, the police officer must observe a person’s behavior for 15 minutes before they can administer a breath alcohol test. During this time, the officer must be sure that the person does not do anything that may cause mouth alcohol to be blown into the breath test machine. Further, the officer must observe whether the suspect regurgitates any liquids. Normal human body functions may cause mouth alcohol to be blown into the breath test machine: belching, vomiting, food in braces or dentures, or drinking mouth wash. In fact, a recent local DUI case involved a jury acquitting a “fire-eater” because he used alcohol in his show’s performance routine.
Los Angeles and San Fernando Valley DUI Attorneys
If you have been arrested for DUI in Los Angeles and the San Fernando Valley, obtaining a qualified attorney is the most important decision you can make. The top-rated DUI attorneys at Kestenbaum Eisner & Gorin, LLP, have litigated thousands of drunk-driving cases, and helped clients throughout Los Angeles County. As well-qualified DUI defense lawyers, our law partners are dedicated to clients’ needs and to producing outstanding results. With our DUI defense law firm on your side, your chances of successfully fighting your charges and avoiding a conviction are greatly increased.
Contact our DUI Defense Law Firm: Immediate Response 24/7
If you have been arrested for DUI in the San Fernando Valley and Los Angeles County, contact the law firm of Kestenbaum Eisner & Gorin, LLP, right now. We will advise you advise you throughout the DUI process and serve as your advocate in court and at your DMV hearing. Our DUI attorneys will protect your rights, inform you of your legal options, investigate the conditions of your arrest, and question law enforcement and witnesses.
Remember, you only have 10 days to prevent your license from being suspended. When you work with our DUI defense firm, you can be assured that you are retaining the services of a knowledgeable and trustworthy DUI defense lawyer.