There are numerous defences to a drunk driving charge. When customers contact us for help, they frequently believe that their situation is simple. But if the breath test revealed that they were over the limit, they would be guilty automatically. However, this is only sometimes the case. Mistakes are made, issues are dismissed, and you may be found innocent - or your claim may never even reach the courtroom. We will decide how to continue in your case when you instruct our drink-driving solicitors.
Among the most prevalent defences are:
1. Failure to Reveal
The CPS is required to reveal the evidence it wants to use against you. This must be completed within 28 days of your not-guilty plea. The CPS should notice this deadline. If this is the case, the prosecution will have no evidence to present in court, resulting in your acquittal.
2. Inaccurate Outcomes
The findings of breath tests and blood samples are only sometimes reliable. It is possible that the breath test machine was improperly calibrated or your blood test was compromised. Your medicine could have also affected the readings. We can examine the equipment used and consult with toxicological experts to determine whether the results are reliable.
3. The Legal Examination
If you caught drinking, driving, or driving while intoxicated, you must have been operating a car in a public location. Sometimes the police will make an arrest when the suspect is on private property, such as their driveway. The case must be dismissed if the conditions do not match the legal standard.
4. Mistakes in the Procedure
When conducting out-breath, blood, and urine tests, police personnel must adhere to specific regulations. The evidence could not be used against you if there were procedural flaws. Again, this means that the court cannot convict you. We can rapidly determine if there have been any procedural problems. If this is the case, the case must be dismissed.
4. Hip Flask Defense
If you drank alcohol after you stopped driving but before taking the test, you did nothing illegal. So this is called the hip flask defence. It is a very successful defence if the proper evidence is supplied.
5. Attendance of Witnesses in Court
The prosecution must bring witnesses into court to support its case. Typically, this will be the police officers who arrested you. If you have a blood sample collected, the attending medical practitioner may also be summoned to court. The prosecution's case may be thrown out if these witnesses are not called or do not appear.
6. Identification of the Driver
The police must be able to verify that you were the person driving or in command of the car. Such defences do not apply if the police pulled you over on the side of the road and you were the only person present. However, if the police did not observe you driving (and there is no other evidence to back up their claims), the prosecution's case must be dismissed.
You must agree to provide a breath, blood, or urine sample. If you actively refuse to produce a sample, you could face charges. However, if the police do not ask for your permission or advise you of the implications of refusing, your case must be rejected. This can be a problematic area of the law, especially if you are unconscious or incompetent. Our lawyers in San Francisco, CA are well-versed in the law and can spot any errors.
Nearest Attorneys for Drunk Driving
Have you ever been caught drinking and driving? Please contact our best Drunk Driving Lawyers in San Francisco, CA, for legal advice. We are available 24/7.