DUI Blogger

Jamie Pressly…who was arrested back in January for DUI after allegedly driving with a .22 BAC…has plead “no contest” to the charge and will not serve any jail time. This is a perfect example of why it is so important to remember that there are always ways to beat a California DUI charge…even in the face of what appears to be damming evidence.

When you are caught driving with a BAC over .15%, L.A. prosecutors will typically impose a minimum 48-hour county jail sentence. In this case, Pressly reportedly had a .22 BAC, yet isn’t going to serve anytime. Why? Because her private DUI defense attorney conducted his own investigation and had the blood that was used to calculate her .22 retested at a private lab. Their result was a .20. Obviously a .20 is still well above the legal limit, but it is enough of a discrepancy to cast doubt on the reliability of Pressly’s blood test. And when there is doubt, jurors tend to vote not guilty, which is why this type of evidence is ripe for a DUI plea bargain.

So remember, there are always ways to beat a California DUI charge. Don’t ever assume that the evidence is too overwhelming to fight – leave that to a skilled California DUI defense attorney.

While it’s true that a good California drunk driving defense attorney can spin almost any DUI case in a positive light, there are definitely some moves that make this challenge more difficult. Take, for example, the following case as an example of how to make your California DUI defense less than promising.

Early yesterday morning, a suspected drunk driver reportedly ran a red light and slammed into an LAPD patrol car, causing the officer who was driving the cruiser to suffer minor cuts that required medical attention. And as if that weren’t enough, the suspect then attempted to run away. Potentially, this individual faces California charges for driving under the influence, hit and run, evading an officer and resisting arrest
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It’s hard enough to present a California DUI defense when the driver runs a red light. But add in the fact that he crashes into a cop car and runs away…it’s just all bad.

If you find yourself in the unfortunate position of being stopped while driving under the influence…even if you suffer an accident…don’t run away (it’s almost always automatically interpreted as a sign of guilt!), don’t apologize for causing the accident and don’t answer any questions. Do remain on the scene, do act polite, do request to speak with an attorney and do remain silent. Doing anything else will almost always jeopardize a successful California DUI defense.

“Mouth alcohol” is exactly that – alcohol that is trapped in the mouth. Why is this important you ask? Because if you have alcohol that is trapped in your mouth…and you submit to a DUI breath test…there is a good chance that your blood alcohol level “BAC” will read much higher than it actually should. As a result, mouth alcohol is a great DUI defense.

There are a variety of circumstances that produce mouth alcohol, some of which are much more obvious than others. For example, physical conditions such as GERD, acid reflux and heartburn bring up acids into the mouth. It’s no surprise that if someone consumes alcohol…and then suffers from one of these conditions…he/she will have a mouth alcohol situation.

Some less obvious conditions that could produce mouth alcohol…and a subsequent falsely high BAC…include dental work, cosmetic teeth-straightening devices and teeth that are too close together. If alcohol-soaked food gets trapped in between your teeth or in a dental device, the alcohol will linger in the mouth. And if that alcohol is still lingering at the time you submit to a breath test, it will register much stronger on a breath testing instrument than the amount of alcohol that is actually in your blood stream. In this way, mouth alcohol tricks the breath testing machine into thinking you have a higher BAC than you do.

If you have been arrested for driving under the influence in California, be sure to discuss mouth alcohol with your California DUI defense attorney.

There are a number of popular legal defenses to fight California DUI charges. Some of these are used so routinely that it is almost as if they are argued without regard to the specific facts of one’s case. Yet a skilled California DUI attorney would be performing his/her client a disservice if he/she didn’t at least address these issues, since they are, in fact, legitimate claims. Examples of these defenses include (but are not limited to): (1) field sobriety tests (“FSTs”) are unreliable and don’t accurately measure impairment, (2) breath testing instruments are prone to error, and (3) there are innocent explanations that can explain the physical symptoms of DUI.

However, there are a wide variety of legal defenses to a DUI charge that are not so common but that…depending on the circumstances of the arrest…can be quite effective. Some of these include (1) the fact that being on a low-carb/high-protein diet can produce a false high blood alcohol result, (2) that medical conditions such as GERD, acid-reflux and hypoglycemia can contaminate breath test results, and (3) radio frequency interference (“RFI”) can interfere with accurate breath test results.

It’s because of these types of less well-known DUI defenses that it becomes essential to consult with an experienced California DUI defense attorney immediately following a drunk driving arrest. Only this type of skilled lawyer will be well-versed in these defenses…defenses that could ultimately lead to your acquittal.