There is not as open and closed case of the California DUI … just do not. Before the charge can & # 39; will reveal to you the charge of the management of BAC car. 20%, causing the accident, and to be in a state of alcoholic Up & # 39; yanennya that you barely gave way, not to mention the car.
But even if we assume that these facts with the & # 39; are real … which they are not usually a & # 39 … are still a number of remedies JUI, which can lead to a reduction or even rejection charges JUI. That is why it is always important to consult with an experienced defender JUI in California, before deciding on the plea.
20 ways to beat the charges in the JUI in California
1. California DUI breath design undergoes a large number of errors
California DUI breathing tests are subject to a wide range of errors. This includes (but is not limited to)
mistreatment by the police,
your physiological conditions (eg, GERD, or your diet, they both discussed below), and even
is environmental factors (e.g., radio frequency interference, which is also described below).
While DUI breath test with & # 39 is the most common way to measure the BAC, it is not always true. This is due to the fact that the test breath for the soul does not directly measures the amount of alcohol in the blood. It measures the amount of alcohol that is in your breath, and then converts this number to determine the amount of alcohol in your blood. As a result, the breath test DUI exposed to various external influences that can create erroneously high readings BAC.
2. Alcohol in the mouth may change the accuracy of your breath test in California
DUI breath test devices designed to capture the breath sample with your deep lung tissue (otherwise known as "alveolar air"). If the residual alcohol is retained in the mouth … or because
dental work got in the mouth of a small amount of alcohol,
you adlapali or spewed out of himself, or
you are suffering from GERD, acid reflux or heartburn (discussed below) …
breath test tool records the "alcohol in the mouth", and not just avealyarnae air. As a result of the alcohol in the mouth can cause falsely high BAC level in the California DUI respiratory tests.
3. Medical conditions such as GERD, acid reflux and / or heartburn, can infect respiratory JUI test results.
Gastroesophageal reflux disease (more often called "GERD"), acid reflux and heartburn – all recognized medical conditions that make possible the situation with alcohol in the mouth. This is because these conditions create a stream of acid that comes from the stomach to the mouth.
When this occurs immediately prior to breath test DUI, alcohol, which moves from the stomach to the lips, masks deep lung air, which is designed to measure the respiratory tool. As a result of GERD, acid reflux and / or heartburn may cause falsely high BAC levels in California breathing test DUI.
4. A diet low in carbohydrate content and high protein content Atkins style, such as diabetes or hypoglycemia, can cause respiratory test DUI and lead to false high BAC
These terms and conditions, such as diet and the Atkins-style medical conditions such as diabetes and hypoglycemia, in fact capable of independently producing isopropyl alcohol. This is because the organs, deprived of carbohydrates are converted into stored fat for energy. This process produces ketones. Ketones excreted through respiration and urine, are converted into isopropyl alcohol.
… The problem with regard to the testing of breathing the soul … is that most Californian of tools for DUI breath not a & # 39 are so difficult to distinguish this samapraduktsyyny isopropyl alcohol to ethanol (a type of alcohol that we & n # 39; em). As a result of the diet in the style of Atkins or diabetes or hypoglycemia can deceive JUI breath testing tool for a falsely high BAC. Similarly, diabetes may deceive breathing means and it must be considered as a defense of the JUI.
5. "The growth of alcohol in the blood" may mean that your BAC was higher if you take the test than if you actually went
Alcohol requires a certain amount of time (usually from 50 minutes to three hours) for the absorption in a system. For example, if you have only recently started to drink alcohol … and shortly afterwards were investigated indicators JUI … your spirits may not peaked. In this case, your blood alcohol level is still rising, which may cause falsely high BAC result of a DUI.
This is because your BAC at the time of donating blood or breath does not matter … actually what your BAC is in the process of governance. Just because you have a BAC, which is above the legal limit, if you padvyargaetsesya chemical test DUI, does not mean that it was your BAC while driving … especially if you are "on the rise".
Prosecutors want to assume that each person exceeds the peak uptake phase when the chemical is subject to verification in California. We know, however, that this is not always the case, and that the increase in blood alcohol with & # 39 is a very legitimate protection JUI. This "protection" protection extends to a blood test DUI, and check the respiratory breathing.
6. California DUI blood test does not necessarily offer an accurate reading
There are many factors that can ruin the results of your blood test results DUI:
improper storage of your blood sample and
only a few reasons why the blood test results may be inaccurate. That's why we say that California blood test DUI, of course, is not reliable.
Depending on the circumstances related to the collection and storage of your analysis DUI blood, the defense lawyer for the protection of business in California can be excluded from the evidence of BAC. If your BAC stopped, your account code according 23152b vehicle for a vehicle control BAC at least 0.08% must be removed.
7. Violations of the header 17 of the California Code of Regulations could jeopardize the results of the BAC
The header 17 of the California Code of Regulations define the requirements for the collection, storage and analysis of chemical test Duy. These rules are very specific, and any violation of Title 17, California could jeopardize the results of BUI DUI.
This means that if, for example,
it is not prepared by a technician who takes a sample of your blood DUI
if the breath testing instrument DUI, you are using has not been calibrated in accordance with the code,
Your BAC can be excluded from the evidence … or, at least, its accuracy will be called into question.
8. If the officer has not been possible reasons to stop, detain or arrest you for the JUI, the evidence – and the case – can be thrown out of court
Before the police can
Stop the car,
detain you to investigate Dui, or
arrest you for California JUI,
they must have a reasonable suspicion or reasonable belief that you are engaged in criminal activity. This is a reasonable belief – is the legal standard, known as the probable cause.
If the officer is no necessary reason needed before any of these steps, all evidence obtained as a result of this illegal procedure will be terminated. If the judge suppressed the evidence, which means that the prosecution can not use them against you. As a result of evidence obtained without probable reasons generally lead to a decrease or deflection of charges in PSU, California.
9. The officer did not inform you about your rights at Miranda
Despite the common misperception, California arrest JUI is not always required. However, they are required if (1) you are under arrest, and (2) the investigating officer conducting the interrogation. "Interrogation of detention" occurs when an employee asks you questions aimed at soliciting inkryminalnyh said after you were arrested.
If these conditions are met, the officer must inform you of your Miranda rights or risk to any subsequent application have been excluded from evidence. Depending on the significance of these statements, their exclusion may reduce or reject the accusations of ISPs.
10. There is an innocent explanation of the physical signs and symptoms of dui
Most likely, the officer will claim that you are exposed
red / watery eyes,
unstable walking and
on your breathing with the & # 39; was the odor of an alcoholic beverage.
Regardless of whether this description is true, fact is that none of these signs or symptoms does not necessarily mean that you have a DUI.
And even if you've been drinking, these features do not in themselves indicate that you are under the influence of alcohol and / or drugs. Furthermore, innocent explanations such as
It can be explained by the physical signs and symptoms that are commonly associated with the JUI.
11. California field sobriety test ( "FSTs") is not a & # 39 are accurate indicators of alcohol and / or drug violation
Even the most reliable Californian sobriety test is not of & # 39 are accurate indicators of alcohol and / or drug violations. Three tests, which have real data proving their reliability, only between 65-77% accurate in identifying violations … and that's only if they are entered accurately and assessed (which rarely happens).
And just as innocent explanation that can explain the physical signs of violations, these same explanations may explain poor performance in the FSTS. In addition, factors such as
poor conditions out & # 39; I,
uneven surface conditions and
uncomfortable shoes, such as boots, dress shoes or high heels
which have nothing to do with alcohol and / or drug substances, can lead to the fact that a person can "fail" sobriety tests in the field.
12. DUI – is not the only explanation for bad driving
While the police like to think that all the bad drivers should be JUI, we know that it is not.
Weaving, speeding, and even mismanagement often & # 39 are the result of carelessness or distraction. Maybe you ate, trying to play a CD, or tried to take something that has fallen or been distracted by your passengers.
The bottom line is that DUI is not the only explanation for poor management. The reality is that people show sober moments a bad drive as well as the drivers with disabilities.
13. Just because you have a blood alcohol concentration (BAC) exceeds the legal limit, does not mean that you necessarily have DUI
At a blood alcohol concentration (BAC) is influenced by many different factors, not only the actual amount of alcohol in the body. These factors include (but are not limited to):
Errors in California equipment for chemical testing DUI,
Error in obtaining a blood sample, or respiration (if necessary) the urine sample,
your medical conditions and
If you have finished drinking alcohol.
Each of these factors can independently affect the accuracy of your results BAC, so do not let you cheat … the number of illegal BAC does not necessarily mean that you are guilty of DUI.
14. In California, DUI chemical tests neodymium there & # 39; emnyya degree of error
Even assuming that all test conditions are ideal … testing equipment was properly maintained and calibrated, and there is no physiological conditions that could adversely affect the test … there is still a natural error rate with a California DUI test chemical . .
Experts agree that test chemical California DUI is +/- error between 0.005-0.02%. As a result, the California JUI protector may challenge BAC results that are within 0.08-0.10%, since they may be below the minimum 0.08%, the required vehicle 23152b Code for running the vehicle with the BAC at least 0, 08%.
15. Checkpoints of sobriety California JUI must meet certain legal requirements
If you are arrested at the checkpoint Dui, has investigated various issues that will be investigated by the California criminal defense counsel. The sobriety checkpoints California duyki must follow very strict legal requirements … if they do not take place, you can be falsely arrested for the JUI.
These legal requirements relate to the operation of paragraph DUI skip. A few examples include (but are not limited to):
with supervisory authorities who organize and monitor the crossing point,
making sure that the field staff perform a predetermined formula to stop the car, and
Public advertising roadblock DUI.
If / when these demands are not met, the JUI-back Californian can effectively challenge the arrest and subsequent prosecution.
16. A radio frequency interference (RFI) can contribute to false high result BAC
Radio frequency interference ( "RFI") can lead to the delivery of chemical blood or breath in California DUI, to cause erroneously high BAC. This is because almost all electronic devices … such as those used to analyze blood samples and a DUI breath …, susceptible to RFI or EFI (electromagnetic interference).
On the electronic components of these instruments can affect radio waves coming. Radio transmission from
automatic devices for unlocking doors found in laboratories crimes
fluorescent lighting, etc. …
are just a few examples of types of equipment which are able to interfere with the result of the JUI blood and breath.
17. If you do not show signs of mental disorder, the more likely you are not DUI
There are two types of violations in relation to alcohol and / or drugs: the mental and physical disorders. Most of the violations alleged by the employees in the course of the investigation in California in connection with the JUI with the & # 39 is physical. Officers regularly indicate that those arrested for drunk driving show
red / watery eyes and
However, experts agree that alcohol and / or drug addiction always cause a violation of psychological development. This means that if the officer indicates that you have manifested physical, but not mental impairment, your alleged violations were related to alcohol and / or drugs. As a result, if you do not show signs of mental disorder, you probably were not Dui.
18. Your BAC DUI does not reflect your level violations
If there is a significant discrepancy, something is wrong between BAC and your expected level of violations. This may be the case if you (1) allegedly not impaired, or (2) have found even a small offense, but your BAC was high … even two or three times the legal limit.
If there is such a type of situation (sometimes called case "off"), and your BAC DUI does not accurately reflect your intended level of disturbance, proof can not be trusted … something just does not add up.
19. You did not go,
The police is not enough to prove that you are under the influence of … crime is driven under the influence. If, for example,
you were involved in the accident, and no one saw you drive a car, or
when police found you when you were in your parked car,
For the charges will be more difficult to prove one of the key elements of the remote control: what you were driving. If the DA You can not prove that you are driving, you can not be convicted California JUI. JUI protection "out of control" should be taken into account at any time, when the police do not really see how you are driving. And finally …
20. Even if you were DUI, violation of police regulations may exempt you from accusations of DUI
If you can demonstrate a violation of police rules, it is possible that your allegations of JUI can be removed … even if you really were guilty of JUI. This is because it is necessary to comply with proper police procedure. for example,
Police Reports JUI must be accurate,
Order 17 procedures should be performed and
Court testimony must be true.
If these (or any other) conditions are deliberately manipulated the evidence which has been illegally mined or manufactured, they will be suppressed. Depending on how much it will affect the case to the prosecutor, he / she may decide to reduce or even deny your accusations.