A conviction for Driving Under the Influence (DUI) can leave a lasting impression on your criminal record, ability to obtain employment and reputation within the community. The prosecutor will undoubtedly attempt to persuade you to plead guilty and accept the charges, regardless of whether you are actually guilty of the crime. But don't plead guilty without putting up a fight first with our hard-hitting Santa Rosa DUI attorney at the Law Offices of Evan E. Zelig.
If you are arrested for DUI anywhere in Sonoma County, Napa County, Marin County, and throughout the North Bay Area, speak with our Santa Rosa DUI attorney prior to entering into any agreement with the prosecution, as there could be significant and exonerating factors to your case. With years of experience and thousands of clients helped, our attorney has the skill and knowledge to help you pursue the best possible outcome.
Get started with a free evaluationof your DUI case.
Defenses to the Blood Alcohol Content Test
One of the prosecution's key pieces of evidence will likely be the result of a breathalyzer or blood test, revealing a blood alcohol content (BAC) above the legal limit in California. For adults over age 21, a BAC result of .08 percent or higher is considered unlawful, while a BAC of .01 percent marks the threshold for drivers under age 21. However, there are scientifically proven reasons for a high BAC result that may have little to do with actual intoxication.
Possible defenses your DUI defense attorney could raise include:
- Instrument malfunction
- Improper storage of blood samples, resulting in fermentation or contamination
- Over-mixture of anti-coagulants or preservatives at the time a blood sample is stored
- Acid reflux conditions and disorders leading to presence of alcohol in the mouth
- Improper handling of samples in violation of chain-of-custody protocol
Defenses to Circumstantial Evidence of Intoxication
Failing a field sobriety test (FST) is evidence of intoxication, but is just one factor to consider when determining the guilt or innocence of one charged with a California DUI. At the time of your FST, the officers will also note your general physical appearance and demeanor, which is commonly also used as evidence of intoxication. Officers may note your sluggish behavior, watery eyes or inability to hold your balance.
However, as your DUI defense attorney will explain, there are other explanations for these observations:
- Uneven pavement
The results of the FST may also be skewed if administered during bad weather or while wearing inappropriate footwear (e.g., high heels).
Hundreds of DUI Cases Handled
Defending DUI charges is what we do! Our lead attorney, Evan E. Zelig, has experience handling hundreds of DUI cases as a criminal defense attorney. As a well-versed criminal defense lawyer, he has unique insight into the way DUI cases are handled by the state and the many flaws inherent in the various testing methods.
Looking for a criminal defense attorney who will fight for you every step of the way? Press play on the video to the right and gain valuable insights on how the Law Offices of Evan E. Zelig can help you. Our experienced attorney is here to guide you through the legal process and fight for your rights. Don't wait any longer, press play now and take the first step towards protecting your future.
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