DUI Defenses

In addition to using these DUI Defense techniques, you may also be able to attack your DUI Charges on the grounds that the breathalyzer cannot tell whether the alcohol tested is from your mouth or your lungs.  Alcohol in your mouth is not a reliable indicator of intoxication, while alcohol from your lungs is. 

What other substances in the mouth might create an inaccurate breathalyzer test reading?
Breath Sprays, Mouthwashes, Cold Medications, Asthma Inhalers, Dental Work, and certain foods can all create inaccurate breathalyzer readings because they often cause the breathalyzer to read the alcohol level in the mouth in addition to the lungs.  For example, Listerine Mouthwash contains 26.9% alcohol, Scope Mouthwash (16.6%), Nyquil (25%), Benedryl Elixir (5.3%), Cepacol (14%), Sudafed Cough Syrup (2.4%), Geritol Liquid (12%), Plax Mouthwash (7.5%), and ACT Mouthwash (7%).  Each of these substances can affect and cause an inaccurate breathalyzer test reading.

If you used any of these substances prior to taking a breathalyzer test make sure to inform your attorney.


California DUI Defense

If you have been arrested for DUI in California, remember it is the prosecuting attorney who has the burden of showing ALL of the elements for DUI conviction have been met.  All your attorney has to do is show that one of the elements was not met for you to be acquitted.  Some of the ways you can attack the prosecution's case against you include:

(1) Did the police perform a legal detention, search or arrest? If not, the Court may bar the prosecution from introducing evidence obtained from an illegal detention, search or arrest.  I have seen cases where the Court prevented the prosecution from introducing evidence of drugs and open alcohol containers where the evidence was obtained after an unlawful search.

(2) Did the police properly perform the chemical testing to determine your intoxication? When a police officer uses chemical testing equipment, he is required to follow certain requirements set out by the State of California AND the equipment manufacturer to ensure a fair and accurate testing.  If a police officer fails to follow the proper procedures the Court may prevent the prosecution from introducing evidence of the testing results.  This is so even if the results may have been accurate.

(3) Were the alcohol screening and chemical testing devices properly maintained and calibrated?  Even though the results of the testing may have been accurate, if your attorney can prove that the equipment used was not properly maintained or calibrated the results of the test may be excluded from use by the prosecuting attorney.  This line of attack is slightly different from (2) above as it deals with the equipment prior to your testing while (2) deals with how your testing was performed.

(4) Can the prosecution prove that you were the one driving the vehicle?

(5) Were you tested within three hours of driving the vehicle?