Suspected of DUI? Here Are Possible Defenses

Updated: Apr 22

Common DUI Defenses And Arguments in California


When you are detained for DUI in California, you will have to fight the DMV's effort to revoke your driver's license as well as criminal charges filed by prosecutors. The results of a conviction on these charges are determined by several factors, including whether you have ever been convicted of a DUI or have any criminal convictions on your record. However, with the assistance of a skilled DUI Attorney, several DUI fines may be reduced or even avoided. It is important to speak with a DUI Attorney as soon as possible after being arrested so that your rights can be asserted.


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We'll be discussing possible defenses that your DUI Attorney might use for your DUI case. If you haven't been arrested, you can also take some advice on what to do during the moments you are under scrutiny.


Defense #1: Disproving PAS breath test


Almost all DUIs in California are prosecuted under one of two statutes: 23152(b), which states that you had a blood alcohol content (BAC).08 percent or higher while driving, and 23152(c), which states that you had a BAC of.08 percent or higher while driving. The most popular of these is 23152(b), and the most common way to measure your BAC is with a breath test system like a PAS.


Your breath test results could seem conclusive—after all, they "prove" how much alcohol was in your bloodstream. However, they aren't always right. There are many reasons why you could get a false positive that "proves" you were over the limit when you weren't. The equipment can be unreliable. The officers administering the test can make errors, and there are many other reasons you might get a false positive that "proves" you were over the limit when you weren't.


The PAS breath test results can never be taken at face value by a good DUI lawyer. Defending your DUI case by questioning the validity of the test results can be quite effective. It's possible that a key piece of evidence against you would be thrown out of the case. It could even result in the charges against you being dismissed.


What makes the PAS different from other breath tests?