If you are represented by an experienced defense attorney, your likelihood of avoiding criminal charges for driving under the influence of alcohol or drugs increases substantially. A skilled defense lawyer can help you avoid a DUI conviction not only because he or she has fundamental knowledge about how California’s criminal justice system works, but also because your defense attorney knows what criminal defense strategy will work best in your particular case. If you or a loved one has been arrested for DUI (driving under the influence), contact a Los Angeles DUI defense attorney from Okabe & Haushalter. They can help you avoid these penalties by offering you legal guidance and representation regarding your charges.
8 DUI Defenses That Are Often Overlooked (But Can Actually Help You Avoid Criminal Charges)
1. 8 DUI Defenses That Are Often
Overlooked (But Can Actually Help You
Avoid Criminal Charges)
2. If you are represented by an experienced DUI defense attorney Los Angeles, your
likelihood of avoiding criminal charges for driving under the influence of alcohol or
drugs increases substantially.
A skilled defense lawyer can help you avoid a DUI conviction not only because he or
she has fundamental knowledge about how California’s criminal justice system works,
but also because your defense attorney knows what criminal defense strategy will
work best in your particular case.
ALos Angeles DUI defense attorney from Okabe & Haushalter to spell out some
of the most effective yet commonly overlooked DUI defenses, which you should
definitely consider if you want to avoid being charged with a crime for operating a
vehicle while intoxicated.
3. The Arresting Police Officer Was No Expert In Conducting The Hgn Test
Suppression of testimony of the Horizontal Gaze
Nystagmus (HGN) test conducted by non-experts.
“Many of those arrested for DUI do not realize that
they can throw out the evidence of the Horizontal
Gaze Nystagmus (HGN) test by simply arguing
that the officer is not an expert in conducting this
particular test,” says their experienced DUI defense
lawyer in Los Angeles. “That because under
California law, the arresting police officer must be
an expert to present the testimony of the HGN test
to the jury.”
4. The Arresting Police Officer Didn’t Comply With The
20-Minute Observation Period
One of the most common DUI defenses is rooted in the legal basis of the police officer’s, breath
test operator’s, or inspector’s non-compliance with administrative rules.
According to administrative rules of conducting field sobriety tests during DUI stops, a police
officer, breath test operator, or inspector must make sure that the person who is being tested has
not taken anything by mouth or regurgitated anything for at least 20 minutes prior to taking the
breath test, also known as the Breathalyzer.
If the arresting police officer, breath test operator or inspection did not watch you for the required
20-minute observation period before making you blow, your Los Angeles DUI defense attorney
will be able to persuade the judge to drop or dismiss the DUI charges based on the legal basis of
non-compliance with administrative rules.
5. Other Dui Defenses Based On Non-compliance With Administrative Rules
The DUI charges can be dismissed or dropped
on the basis of non-compliance with
administrative rules if any of the following
scenarios is true:
❏ The breath test results are not within +/-.20
g/210 L (you are required to blow into the
Breathalyzer machine at least twice for the
results to be considered admissible)
6. ❏ The breath test operator or arresting police officer was not properly
trained for the field sobriety test results to be admissible (under
California law, a breath test operator must be at least 18 years of age,
have a high school diploma, and have successfully completed the
breath test operator course)
❏ The Breathalyzer machine was not properly maintained (under
California law, every Breathalyzer machine must be inspected at least
once a month and again annually; the rule applies to both machines in
the police stations and mobile units)
7. Suppression Of Breath Test And Blood Test Results
If the arresting police officer refused to allow you to take an independent blood test, your DUI
defense lawyer Los Angeles might be able to persuade the judge to suppress evidence of the
breath test.
The same goes for when the arresting police officer takes your blood without your permission.
Under California law, for the blood test evidence to be considered admissible, an arresting police
officer must prove one of the following:
❏ He or he had reasonable cause to believe that the driver was impaired
❏ The driver needed to be taken to a hospital or other medical treatment facility
❏ Conducting a breath or urine test would be impractical or impossible
8. Also, if the police lost the video showing your
behavior during the DUI stop, your Los Angeles
DUI defense attorney will most likely be able to
convince the judge to drop or dismiss DUI
charges on the basis of violations of the DUI
statute. After all, the videos could have been used
to exonerate you in court. Contact Okabe &
Haushalter to find the most suitable DUI
defense strategy for your particular situation. Get
a free consultation by calling at 310-430-7799.
9. CONTACT : OKABE & HAUSHALTER
Two California Plaza 350 S Grand Ave, #2220
Los Angeles, CA 90071
310-430-7799
https://www.southbaylawyer.com/contact-us/