DUI Penalties In California

California DUI

Possible Defenses To A DUI Charge

Every case is different, but there are some common DUI defenses. To learn more about possible defenses specific to your arrest, call the Law Office of William R. Bennett today at 408-335-7622.

  • Fourth Amendment violation: This occurs if the officer stopped you without cause. If the officer did not have a sufficient reason to pull you over, the judge may throw out the evidence against you, resulting in a dismissal of your case. Attorney William Bennett has handled hundreds of motions to suppress evidence in these types of circumstances.
  • Uncalibrated instruments: It's possible that the instruments that measured your blood alcohol content were not properly calibrated at the time of your test. William Bennett will order the calibration records for the devices used in your case to determine whether they were properly calibrated. If the device was not properly calibrated, the judge may not allow the prosecutor to use the blood or breath test results at trial, resulting in either a dismissal of your case, or possibly a reduction in the charge.
  • Rising defense: A third common defense is known informally as a "rising defense." It involves the science of how alcohol gets from your stomach to your bloodstream. Depending on the timing of when police stopped you and when you gave a blood or breath sample, an alcohol test can show a blood alcohol level significantly higher than what it may have been when you were driving.

Call The Law Office Of William R. Bennett For Help

The Law Office of William R. Bennett in San Jose will provide strong, yet compassionate legal representation in drunk driving cases. Call 408-335-7622 or send an email to schedule a free initial consultation with the firm's lawyer.