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Common Defenses to DUI Charges & the Reliability of PAS Devices

If you have been charged with a DUI, you are likely stressing out about the consequences awaiting you after your conviction. You may be concerned about heavy fines, jail time, or the overall effects a DUI will having on your personal or professional life. However, did you know there are several commonly accepted defenses against a DUI charge that are admissible in a court of law? If proven accurate, these defenses can save you from a lifetime of penalties and a severe amount of stress.

While the implications of a DUI conviction are quite harsh, you can fight against them with the help of a strongminded and experienced Antelope Valley criminal defense attorney such as ours at the Law Offices of David M. Wallin. We can help you construct an impermeable defense based on the details of your case along with the common inconsistencies that occur during a DUI arrest, charge, and hearing.

The following are common defenses to DUI charges:

  • Improper stop by police – Without reasonable suspicion, police officers cannot pull you over. There needs to be specific grounds that provide police with reasonable suspicion that criminal activity is currently occurring, in which the police must actually see with his or her own two eyes that you are breaking the law. If you were driving safely, not swerving, and following all traffic laws, any evidence gained once you were pulled over is inadmissible.
  • Failure to follow protocol for sobriety tests – Certain protocols need to be followed for sobriety tests, and if the police officer behaved aggressively, intimidatingly, or inappropriately, his or her conduct can result in any evidence being suppressed. There are other possible defenses to failing these sobriety tests, such as bad weather or uncomfortable footwear.
  • Medical conditions – Some medical conditions may skew the results of a roadside breathalyzer test, as can fatigue, allergies, and crying. Also, some diabetics may fail the breathalyzer test as a result of ketosis, which causes “alcohol breath.”
  • Improper interrogation or Fifth Amendment violations – If your Miranda rights were never read to you, there is no way to distinguish this real conversation was taking place, versus an actual arrest. If you were placed under arrest without having your Miranda rights read, any and all evidence gathered is going to be excluded.
  • Improper storage of blood alcohol samples – The police are required to store your blood samples properly, making sure they are not exposed to fermentation, contamination, or mislabeling.
  • Inappropriate communication with the defendant – If law enforcement or district attorneys attempt to entice you with a plea bargain without the consent or presence of counsel, these offers are invalid. The assigned judge will refuse these pleas and overturn them.

Reliability of PAS Devices

Another strong defense against a DUI charge is questioning the reliability of PAS devices, also known as preliminary alcohol screening devices. These handheld devices are used to estimate your blood-alcohol concentration, and while they may be intimidating, they are not often used as legitimate evidence in a court of law.

While they are almost always administered in the event of you being pulled over for suspected DUI, they aren’t considered accurate enough to be used as the basis for criminal charges and instead are used as probable cause for an arrest. There is significant debate in the scientific community where these PAS devices can be accepted as precise, because there is often concerns of calibration, maintenance records, and your medical records.

Contact our Antelope Valley Criminal Defense Attorneys Today

At the Law Offices of David M. Wallin, we have the education and the experience to understand exactly how to approach your DUI charge. We pride ourselves on finding the best possible strategy to help alleviate you of these harsh charges, so you can continue living your life without the weight of a DUI hanging over your head. Our Antelope Valley criminal defense attorneys take the time to listen to the details of your case so as to construct the strongest defense possible, because we believe in advocating for those who have been wrongly charged for a DUI they didn’t deserve.

Trust the experience of a firm with over 60 years of combined experience and 2 former Deputy District Attorneys. For a free consultation, call us at (800) 859-4206.

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