999 Fifth Avenue, Suite 350, San Rafael, CA 94901

Call Today for Your Free Consultation
Call Us 415-729-7300

San Rafael, California DUI Defense Strategies Lawyer

Sonoma California DUI Defense Strategies Attorney

Legal Defenses for Fighting a DUI Charge in Marin County

Being investigated and arrested for DUI is an unsettling experience to say the least. Police officers and prosecutors often intimidate DUI defendants into believing that the case against them is insurmountable. In many instances, however, this is not true. Regardless of the circumstances of your case, there are often DUI defense strategies that can be employed to have the charges against you reduced to a lesser offense, or dismissed altogether.

For over 30 years, Burglin Law Offices, P.C. has successfully defended motorists arrested and charged with DUI in Marin County and throughout northern California. Attorney Paul Burglin co-authors California Drunk Driving Law, commonly known as "the Bible of DUI defense" among California DUI lawyers. Paul has in-depth knowledge of the most effective California DUI defense strategies, and because of his successful track record, he is the "go to" attorney for DMV hearing officers, prosecutors, and judges when someone close to them is charged with DUI.

California DUI Defense Strategies

There are a number of possible defenses in a DUI case, including the following:

  • Lack of Probable Cause: If the police officer did not have probable cause to both lawfully stop and arrest you on suspicion of DUI, then any evidence obtained is subject to suppression at trial. For example, if you were pulled over based solely on an anonymous tip by a caller and without an observed violation, it may not be a sufficient cause for a lawful stop.
  • Blood Alcohol Concentration (BAC) not at .08 or Higher: Alcohol takes time to absorb into blood. There are times when a motorist is still absorbing a last drink at the time of driving and simply rises to a higher level of alcohol at the time of testing. This is referred to a rising blood-alcohol defense.
  • Unreliable/Inaccurate FST: Numerous studies have shown that field sobriety tests are not reliable indicators of a motorist's impairment. They are also subjectively evaluated, even though officers and prosecutors will try to claim the evaluation is objective. For this reason, FST results can often be effectively challenged at trial.
  • Inaccurate Chemical Test Results: There are a wide range of potential errors with chemical (breath or blood) tests. Examples include instrument malfunction, improper handling by police, improper storage of a blood sample, and blood contamination. If the chemical test results are shown to be inaccurate, they may be excluded from evidence or at least challenged as inaccurate.
  • No Signs of Impairment: If the defendant was driving with the caution and care of a sober person under similar circumstances, there is a strong case to be made that the chemical test results and other forms of evidence cannot be trusted. This is referred to as a disconnect defense.

Other California DUI defense strategies that can be effectively employed under the right circumstances include:

  • The defendant was not driving. Merely operating a vehicle (i.e., sitting in the driver's seat but not moving) is not sufficient--volitional movement of the vehicle must have occurred.
  • The defendant's beverage was unknowingly spiked with alcohol.
  • The defendant mistakenly took the wrong medication.
  • The defendant took prescription medication pursuant to instructions and had an unanticipated reaction to it (this is often the case with the drug Zolpidem, which is found in Ambien).
  • The defendant only drove because of a legal necessity.

Speak with a Strong Marin County California DUI Defense Strategies Lawyer

California DUI penalties are among the harshest in the nation, and fighting a DUI charge can seem hopeless. With the right legal strategies, however, you can avoid jail time and minimize the consequences of your DUI arrest. Attorney Paul Burglin has written extensively on California DUI defense strategies, and he puts his in-depth experience to work to mitigate the situation as much as possible.

If you have been arrested for DUI and you are serious about defending the charges against you, contact our office today at 415-729-7300 for a free personalized consultation. We serve clients throughout the Bay Area, including Marin County, Tiburon, Sausalito, Mill Valley, Larkspur, San Rafael, Novato, San Anselmo, and Fairfax. We handle locals and tourists cited in the wine country, Sonoma and Napa, as well as those cited in San Francisco, Oakland, and Martinez.
Back to Top