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Practices > Riverside and Orange County DUI Lawyers > DUI Defenses

Criminal Defense Lawyer Serving all of...
Riverside, Los Angeles, Orange, San Bernardino & San Diego Counties

Driving under the influence (DUI) cases may appear to be open and shut situations, but they’re not. Frequently, DUI cases involve very technical and complex legal issues. In addition, many DUI cases are at or near the legal limit and an experienced attorney may be able to get your case reduced. When reviewing your case, we will be looking for the following:

  • Did the police officer have probable cause for contacting you in the first place?
  • Did the police officer observe “bad driving” or a violation of the vehicle code on your part?
  • What if the officer wasn’t a witness to your driving at all?
  • Was there a traffic accident involved?
  • Did the officer observe sufficient "objective symptoms" of intoxication to conduct a DUI investigation?
  • Did the police officer properly administer the field sobriety tests (FST’s)?
  • Did the officer administer a preliminary alcohol screening (PAS) test in the field? If so, was it administered in the proper manner and was the machine used in proper working order?
  • Did the police officer have enough evidence to arrest you for DUI?
  • Was an additional chemical test (blood or breath) conducted according to required procedures in the taking, handling and analysis of these samples?
  • Was the equipment used to analyze test samples in proper working order and maintained in accordance with regulations?
  • Were the test samples analyzed and the result reported according to state regulations, by a licensed laboratory, and in a scientifically approved manner?
  • Was your blood alcohol level rising or falling at the time of driving and at the time the chemical test sample was given?
  • Were their any physiological reasons that would cause a false result on a breath machine, if breath was what you elected (i.e.: GERD, residual mouth alcohol, heartburn, acid reflux disease, etc.)?

Depending on what we find, we may be able to defend your case on any of a multitude of theories. For example, we may have found a discrepancy in procedure on the part of the officer. This discrepancy might have occurred in his/her investigation, or in his/her administration of the chemical test. We may also choose to attack the actual BAC result and argue that your blood alcohol level was rising, and therefore was lower at the actual time of driving. A medical illness can also contribute to your BAC level. At WILL & WILL, LLP we will explore all options and not leave a stone unturned in defending you.

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