Blogs from May, 2023


Being charged with a DUI in California can be a frightening and overwhelming experience, especially if you are not familiar with the state's complex DUI laws. To help you navigate the legal process and build a strong defense, we have compiled a list of the top 5 tips for building a strong DUI defense in California.

1. Understand the Basics of California DUI Laws

California DUI laws are complex and can be difficult to understand. It is important to familiarize yourself with the basics of these laws to ensure you are aware of your rights and the potential consequences of a DUI conviction. Some key points to remember include:

  • In California, it is illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher if you are 21 years or older.
  • For drivers under 21 years old, the legal BAC limit is 0.01%.
  • Commercial drivers have a legal BAC limit of 0.04%.
  • Penalties for a DUI conviction can include fines, jail time, license suspension, and mandatory installation of an ignition interlock device.

2. Know Your Rights During a DUI Stop

Understanding your rights during a DUI stop is crucial for building a strong defense. Some important rights to be aware of include:

  • The right to remain silent: You are not required to answer any questions that may incriminate you.
  • The right to refuse a field sobriety test: These tests are not mandatory and can be used as evidence against you in court.
  • The right to refuse a preliminary alcohol screening (PAS) test: This roadside breath test is not mandatory for drivers 21 and older, but refusing it may result in a license suspension.
  • The right to an attorney: If you are arrested for a DUI, you have the right to consult with an attorney before answering any questions or submitting to any tests.

3. Challenge the Accuracy of BAC Test Results

One of the most effective ways to build a strong DUI defense is to challenge the accuracy of the BAC test results. There are several factors that can affect the accuracy of these tests, including:

  • Improper calibration or maintenance of the testing equipment
  • Medical conditions or medications that can affect BAC levels
  • Errors in the testing procedure or handling of samples

By questioning the accuracy of the BAC test results, you may be able to have this evidence excluded from your case, making it more difficult for the prosecution to prove your guilt.

4. Explore Alternative Explanations for Your DUI Arrest

There may be alternative explanations for the circumstances surrounding your DUI arrest that can help build a strong defense. For example, you may be able to argue that your driving behavior was due to fatigue, a medical condition, or even an issue with your vehicle. Additionally, you can challenge the arresting officer's observations and testimony by presenting evidence that contradicts their claims.

5. Hire an Experienced DUI Defense Attorney

Perhaps the most important tip for building a strong DUI defense in California is to hire an experienced DUI defense attorney. A skilled attorney will be familiar with California's DUI laws and can help you navigate the legal process, build a strong defense, and potentially reduce the penalties you face.

At the Law Offices of Randy Collins, we specialize in Cracking the Code: Understanding California's DUI Laws for a Strong Defense. Our team of experienced attorneys is committed to providing our clients with the best possible defense and ensuring their rights are protected throughout the legal process. If you or a loved one is facing DUI charges in California, contact us today for a free consultation to discuss your case and learn how we can help.