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For those facing DUI charges for drugs, your DUI defence attorney may utilize whatsoever of the post-obit eight defenses to get your DUI charges reduced or dismissed.

In This Guide We'll Embrace:

Lack Of Probable Cause To Stop Your Vehicle

Before a law officer tin stop your vehicle, he or she must have reasonable suspicion or probable crusade to do so.

What is Probable Cause For A Traffic Terminate?

Probable crusade is "reasonable suspicion for a traffic stop"¹ .

This ways that you were observed having violated a traffic law, such as:

• Speeding,
• Failing to stop completely at a terminate sign, or
• Straddling the lanes.

An example of lack of likely cause to stop you is racial profiling.

Can The Law Stop Y'all Randomly?

You lot may non exist stopped at random for the purpose of seeing if you accept been drinking without another justification.

Can You lot Be Stopped Randomly At A DUI Checkpoint?

The exception to this is at a DUI checkpoint so long as the setup of the checkpoint and how it was conducted conformed to California constabulary.

No Evidence You lot Were Driving The Vehicle

In a situation where a traffic accident has occurred that was not observed past law or whatsoever other percipient witnesses, an officer might make it to come across several persons standing outside a vehicle.

Even if the officer observes objective symptoms of intoxication, he must define who was the driver of the vehicle.

What Happens If There Are No Witnesses?

If no one makes a argument to the officer and there are no indicators every bit to who the driver is, at that place may not be sufficient probable cause to arrest any of the persons standing near the vehicle which is known as the "no driving" defense force.

However, if in that location is any evidence that could advise that one person was likely the driver such every bit:

• The way the seat is adapted, or
• The fact that one of the parties is the registered owners of the vehicle

The officer may have enough probable cause depending on the totality of the circumstances.

Can This Defence force Work For Taxi Or Uber Drivers?

This may non be available to taxi, limo or ride share drivers since there would just exist one person authorized to bulldoze the vehicle.

If a ride-sharing driver is involved and his or her app was on, this may point to the vehicle owner equally the only person who could accept been driving.

The Vehicle Never Moved

Under California law, the officer must have observed the vehicle to take moved before having the authority to finish, question and then arrest you for DUI.

What If The Car Barely Moved?

Your vehicle need merely move a few inches, fifty-fifty if the engine was not engaged, and the prosecutor can evidence that you had physical control².

However, if you are found asleep in your auto miles abroad from whatsoever town or happened to pass out in the middle of an intersection, then the officer can reasonably surmise that you collection to that location.

What If The Engine Is On But Yous Did Not Motion The Car?

If your engine is running, the officer can assume y'all had just driven or were well-nigh to bulldoze.

Other indirect or circumstantial evidence of your having driven include:

• A warm engine
• Gear is in drive
• At that place is a damaged vehicle at scene of an accident
• The absence of an alternative driver

An adjunct to this is a scenario where you had been in an accident just left the vehicle and the scene and returned home or went to a nearby bar or restaurant where police found y'all.

Unless yous admit that you lot had not ingested any drugs (or alcohol) during the interim between the fourth dimension you left the vehicle and your being questioned by police, you could simply have likely get impaired after you left the scene.

In that location Is No Bear witness You lot Were Nether The Influence Of Drugs While Driving

The most viable defense that you tin can use if charged with DUID under VC §23152(f) ((California Vehicle Code 23152(f) "California'southward DUI Drug Law" –  Information technology is unlawful for a person who is nether the influence of any drug to drive a vehicle.)) is that the prosecution has insufficient evidence to bear witness that yous were nether the influence of a drug while driving. In a DUID case, at that place are no BAC results demonstrating a quantifiable amount that California law deems as a presumption of impairment.

Can You Exist Charged For VC 23152(f) If The Blood Test is Insufficient?

You lot can still be charged and convicted if the prosecution offers sufficient evidence other than any quantity of whatever item drug(s) in your system that shows beyond a reasonable dubiousness that you were driving while under its influence.

If you lot were lawfully stopped by an officeholder for speeding or another traffic violation, the officer may inquire further equally to whether drugs are involved so long as he or she has a reasonable suspicion that you are under the influence.

What Symptoms of Impairment Are Officers Looking For?

Classic symptoms of impairment are slurred oral communication; watery, bloodshot eyes; fumbling with documents; and an inability to sympathise simple directions or questions. It may be different for drivers under the influence of a drug since different drugs produce different symptoms.

If DUI marijuana is suspected, for instance, your coordination is usually non affected. Few people who smoked or ingested marijuana exhibit slurred speech communication or have watery, bloodshot eyes, though they may appear glassy. If the officeholder testifies to this, a defence adept tin counter with studies that refute such conclusions in the bulk of subjects.

Field Sobriety Tests

In traffic stops where the officeholder has observed symptoms of drinking or of ingestion of a drug, the officer may asking that you take a series of field sobriety tests that examination your coordination and residual. These may include:

• Walk and turn
• Stand on one foot
• Horizontal gaze nystagmus (HGN)

Do You Take To Have Field Sobriety Tests?

You are under no obligation to accept any of these tests and will non be penalized at all if yous reject. However, the bulk of defendants are either also fearful of appearing uncooperative, or are unaware that they tin can turn down to accept the tests, and commit to taking them.

This includes blowing into a PBT, or preliminary jiff exam, which only detects the presence of alcohol in your claret. Its results are not admissible every bit evidence but do provide probable crusade to suspect you are under the influence of alcohol.

Can Field Sobriety Tests Be Challenged For DUID?

The FST tests can be challenged on the footing of the suspect's physical status, weather, the terrain where the tests were administered, the fretfulness and feet of the doubtable, and his or her level of fatigue.

I field exam designed to signal the presence of either alcohol or a drug is called the horizontal gaze nystagmus test, or HGN.

Whats Is The Horizontal Gaze Nystagmus Examination?

HGN is an involuntary jerking of the eyeball as the optics gaze from side to side. Nystagmus occurs when the heart rotates at high peripheral angles.

Who Can Administer An HGN Test For Somone Sspected Of Driving Under The Influence Of Drugs?

This test must exist administered by a DRE, or drug recognition expert, who will accept a cursory medical history of the suspect, take the person's temperature, blood pressure, and perform a certain ocular exam. This consists of the officeholder having the field of study follow a slow-moving object beyond his eyes, like a pen or pocket-size flashlight.

What Are The Indicators Of Harm?

There are 3 indicators of impairment to find in each eye:

• The middle cannot follow the object in a smooth fashion
• Jerking is distinct and sustained nystagmus when the eye is at maximum departure
• The bending of onset of the jerking is prior to 45 degrees of eye

Volition These Indicators Detect Marijuana Utilise?

If marijuana is suspected because the officer detected the singled-out odor in the vehicle or found a used articulation on the seat or ash tray, then these indicators should not be present. A defence drug good can prove that studies prove that the eyes of a person under the influence of marijuana volition smoothly follow the object horizontally and volition not deviate before 45 degrees of heart.

Will The HGN Test Detect Narcotic Utilize?

If the accused was suspected of being on a narcotic or a depressant, the person's optics should also smoothly follow the pen or flashlight during the HGN exam. With a narcotic, the person'southward pupils may be constricted. Other symptoms that an officer may miss just which are common for narcotic users are droopy eyes and facial twitching.

The Results Of A Claret Test Are Not Evidence Of Impairment

If the absorbing officeholder concludes that there exists sufficient testify or likely cause to believe you are under the influence of a drug, then you lot will be asked to take a blood examination.

If you refuse, you risk suspension of your driver'due south license for at to the lowest degree i year with no opportunity to obtain a restricted license before the suspension flow ends.

Other penalties include increased jail time if bedevilled amidst other penalties.

Will The Presense of THC In My Blood Test Crusade A DUID Confidence?

The presence of a drug in your blood is non conclusive proof that you were under the influence.

THC metabolites, found in marijuana, remain in your organisation from 28 to 45 days.

How Long Is Cocaine Present In My Blood?

If testing for cocaine, the test volition screen for benzoylecgonine, a metabolite of cocaine, that is detectable in your body for several days.

How Long Tin Meth Stay Present In My Blood?

Methamphetamine can remain for two-10 days depending on several factors. In whatsoever case, the furnishings of these drugs would have dissipated long before you collection.

Is There A BAC Level For Drugs?

At that place is no accepted metabolism rate for a drug every bit there is for alcohol as it is afflicted by the person's age, gender, tolerance, general health, and how the drug was ingested.

As a consequence, no one can bear witness equally to what the drug concentration level was at any fourth dimension you were driving.

The Blood Exam Was Not Properly Administered

Any blood test for DUID must be properly administered and follow the guidelines prepare along in Title 17 of the California lawmaking of regulations.

Some of the more essential regulations are:

• The blood describe must be done by an authorized technician
• No alcohol-based cleaning agent must have been used to sterilize the site where the blood was drawn
• A sufficient amount of coagulant and preservative must be in the claret vial
• The coagulant and preservative must not have expired
• The coagulant and preservative must have been properly mixed with the sample
• The sample was properly identified and stored

Is Your DUI Automatically Dismissed If  Title 17 Regulations Were Not Followed?

If whatsoever of these regulations were not followed, the results of any claret examination will not be excluded. Instead, these errors or omissions get to the weight of the prove³.

Your Blood Was Drawn Without Your Consent And Without A Warrant

There are circumstances under which an officer may not draw your blood without your consent or without a warrant.

Instance #1

If you were in an accident and left the scene but were institute at your domicile by police, they cannot enter your home without a warrant to arrest you or to force you to submit to a blood test.

Example #2

Similarly, if you are arrested and taken to a hospital for a blood describe, the officer may not strength you to accept it drawn absent your consent or a warrant.

Obtaining a warrant is relatively easy and quick to do and in that location are no exigent circumstances that would obviate the demand for, or justify an exception, to the warrant requirement under the iv^th Amendment to the U.Due south. Constitution^four .

What If You Did Not Consent Because You Were Unconscious?

You likewise cannot merits you did non give consent if yous were unconscious when your blood was fatigued^v.

You Had No Knowledge The Drug Was In Your Arrangement

For whatever reason, you may have unknowingly taken a drug, or someone slipped the drug into your nutrient or drink without your cognition or consent and you lot became impaired while driving.

If you can nowadays evidence to this effect, you should not be convicted of a driving under the influence of drugs charge⁶.

Important DUI Information

• The three Stages Of A Misdemeanor DUI Court Process
• How To Receive A Restricted License After A DUI
• How To Win A DMV Hearing
• How To Expunge A DUI Conviction

1. Terry 5. Ohio, (1968) 392 U.S. 1, 20 [↩]
2. Mercer v. Section of Motor Vehicles (1991) 53 Cal.3d 753 [↩]
3. People v. Williams, (2002) 28 Cal.iv^th 408, 417; People v. Esayian (2003) 112 Cal.App.four^th 1031, 1039 [↩]
4. Missouri v. McNeely (2013) 569 U.S. 141 [↩]
5. Hughey five. Department of Motor Vehicles (1991) 235 Cal. App.3d 752 [↩]
6. Vehicle Code 23152(f). [↩]

Ms. Aizman is the founding attorney at Aizman Police House, an award winning criminal defense force chaser & former prosecutor for the city of Los Angeles. She regularly appears on CNN, Fox News, HLN & CBS News to provide legal insight on various legal topics. She is a proud member of the California Attorneys For Criminal Justice, California DUI Lawyers Association & the National Higher of DUI Defense

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Source: https://aizmanlaw.com/dui-defenses-that-can-get-your-dui-reduced-or-dismissed/

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