There are a number of popular legal defenses to fight California DUI charges. Some of these are used so routinely that it is almost as if they are argued without regard to the specific facts of one’s case. Yet a skilled California DUI attorney would be performing his/her client a disservice if he/she didn’t at least address these issues, since they are, in fact, legitimate claims. Examples of these defenses include (but are not limited to): (1) field sobriety tests (“FSTs”) are unreliable and don’t accurately measure impairment, (2) breath testing instruments are prone to error, and (3) there are innocent explanations that can explain the physical symptoms of DUI.
However, there are a wide variety of legal defenses to a DUI charge that are not so common but that…depending on the circumstances of the arrest…can be quite effective. Some of these include (1) the fact that being on a low-carb/high-protein diet can produce a false high blood alcohol result, (2) that medical conditions such as GERD, acid-reflux and hypoglycemia can contaminate breath test results, and (3) radio frequency interference (“RFI”) can interfere with accurate breath test results.
It’s because of these types of less well-known DUI defenses that it becomes essential to consult with an experienced California DUI defense attorney immediately following a drunk driving arrest. Only this type of skilled lawyer will be well-versed in these defenses…defenses that could ultimately lead to your acquittal.
