Top 5 Defenses After a California DUI Charge

Facing DUI charges can be life-altering, and the resulting effects may pose a ​​significant impact on your career. Consequently, one of the most important steps you can take after being charged is contacting a knowledgeable and experienced attorney who can build you a rock solid defense. While approaching a lawyer may sound like an intimidating task, it’s important to know that our team will listen to your story, identify important details, and gather evidence to cast doubt on the accusations against you. 

At Aron Law Firm, we have years of experience implementing innovative strategies to defend against DUI charges. We understand these cases are often complicated, but our extensive knowledge and resources have proven successful. You deserve top-notch representation that will fight tirelessly for your rights, and we are here to support you every step of the way.

5 Defenses to Reduce or Dismiss DUI Charges in California

After working on DUI defense cases for many years, we have developed effective defenses to DUI charges that better your chances of getting them reduced or dropped in the best-case scenario. Depending on the circumstances of your case, we may be able to use the following defenses against a DUI charge:

Field Sobriety Test Inaccuracy

After pulling someone over for suspicion of driving under the influence, an officer will often administer a Field Sobriety Test consisting of different exercises that demonstrate someone’s physical and mental state. If you participated in this test, we might be able to challenge the results as part of your defense. 

Many factors may impact your ability to perform Field Sobriety Tests, including the following:

  • Poor physical coordination
  • Tiredness
  • Nervousness
  • Clothing
  • Flat feet
  • Weather conditions

Because officers make their own decisions about your state of mind based on your performance during the tests, the results could be inaccurate or influenced by another element. 

Officers Failed to Follow Proper Protocol

When pulling someone over for a potential DUI, police officers have to follow specific procedures, one of which is a 15-minute observation period. During this time, the officer should observe your actions before giving you a DUI test. Often, officers use this time to fill out paperwork or do not conduct the procedure properly. This could affect your test results.

Officers could also administer tests improperly, failing to follow California’s Title 17 regulations. This could taint your results. Any breaches in protocol could serve as a defense against your charges.

Outside Factors Influenced Your BAC

With our years of experience as DUI defense lawyers, we have seen certain medical conditions like diabetes and hypoglycemia inflate BAC test results. If you are fasting, on a high-protein diet, or have one of these conditions, your body breaks down stored fats for fuel. When your body does this, your liver produces toxic byproducts similar to alcohol found in acetone. This is sometimes excreted in your breath, making for inaccurate test results and false DUI charges.

Bad Driving Does Not Mean You Drove Under the Influence 

Another defense that could potentially reduce your charges is that you drove irresponsibly but not under the influence of drugs or alcohol. The prosecutor may highlight your driving patterns, such as weaving in a lane or speeding. However, these patterns are not always indicative of a DUI. According to the National Highway Traffic Safety Administration, these patterns are only 35% accurate for predicting DUIs, making them an ineffective way to administer these charges.

Intoxication Symptoms Are Not the Same as a DUI

Prosecutors may also use physical symptoms as proof you drove under the influence. However, this is not always the case. The officer that arrested you may point out red, watery eyes, unstable walking, flushed face, and alcohol on the breath. These symptoms could result from allergies, a cold, fatigue, or eye irritation. Officers could see these symptoms and inaccurately charge you with a DUI. We may argue that alcohol often has no odor, or the alcohol on your breath came from a non-alcoholic source, like cold medicine or a medical condition.

Seek Help From a Seasoned California Defense Lawyer at Aron Law Firm

Receiving DUI charges is a stressful experience. You may worry about how they might impact your career, and it may be challenging to determine the best path forward. At Aron Law Firm, our compassionate team is here to support you throughout your entire case to help reduce your charges or have them dropped, in the best case.

With our years of experience, we have developed innovative and effective strategies for DUI cases. Our attorneys are well-versed in California law and have the skills to take on your unique case regardless of the circumstances. Give us a call at (805) 618-1768 or fill out our contact form to arrange a consultation.

William M. Aron


William M. Aron

November 24, 2022

Former Deputy District Attorney William Aron received his Juris Doctorate from the Duke School of Law and has amassed 20 years of experience practicing law. Attorney Aron dedicates his practice to defending the accused, and is devoted to keeping his clients out of prison.