Posted By OKABE & HAUSHALTER 28-Jun-2018
More often than not, people who get arrested for driving under the influence (DUI) of alcohol or drugs give up immediately and admit their fault. But this is the worst thing you can do, as, even if you were operating a vehicle intoxicated, the allegations against you may be false or exaggerated.
That is where a Los Angeles DUI defense attorney will come in handy. You need a strong defense strategy to convince the prosecutor to either drop the charges altogether or at least reduce the severity of those charges.
“More often than not, police officers in Los Angeles, Palo Alto and all across California take advantage of motorists and mishandle DUI investigations, exaggerating the severity of the driver’s impairment, falsely accusing them of DUI or failing to adhere to state laws that regulate the procedure of DUI arrests in California,” warns our experienced DUI defense attorney in Los Angeles from the Okabe & Haushalter law firm.
Let’s review some of the best DUI defenses in California to beat your DUI charges(some of them might seem ridiculous, but they actually work).
Mouth alcohol or Ketosis
This DUI defense is one the most overlooked defenses in Palo Alto, Los Angeles, and elsewhere in California, as people do not realize that while DUI breath tests (Breathalyzers) are capable of capturing the “deep lung air” that leaves your lunges, the test can mistake alcohol in your deep lung tissue (alveolar air) for “mouth alcohol,” the effect created by a small amount of alcohol that remains in the mouth or throat.
You may claim the mouth alcohol as your DUI defense if either of the following is true, and before the DUI arrest:
- You were at a dentist’s office, and small amounts of alcohol was trapped in your teeth
- You used a mouthwash or breath spray which contains alcohol
- You used chewing tobacco or a gum that contains alcohol (yes, they exist)
- You burped after having had a drink or two earlier that day
- You suffer from GERD, acid reflux or heartburn
- You have diabetes or were on a low-carb diet (diabetes and low-carb diets trigger ketosis, the metabolic state during which ketones are eliminated from the body through breath and urine; these ketones are converted into isopropyl alcohol before leaving the body, something that the Breathalyzer can mistake for ethyl alcohol).
If you suspect that mouth alcohol was responsible for a false BAC reading during your DUI breath test, you may be able to challenge the results of the breath test.
Inadequate explanations for physical signs of DUI
In many cases, police officers arrest motorists in Los Angeles and all across California on the basis of physical signs of DUI. But not all police officers read physical signs properly and mistakes do happen. If the arresting police officer claims that you exhibited signs of slurred speech, red or watery eyes, flushed face, unsteady gait or there was alcohol odor on your breath, you may be able to defend yourself against the DUI charges.
That is because not all explanations for physical signs of DUI are accurate, and just because you exhibited any or several of the above-mentioned signs, does not necessarily mean that you were intoxicated. Let a Los Angeles DUI defense attorney look into your particular case and determine whether or not the officer’s explanations for physical signs of DUI was adequate.
Physical signs that are commonly associated with intoxication are quite similar to when the person is fatigued, exhausted, has an allergy, suffered a physical injury or illness.
Lack of probable cause for a DUI stop
If the police officer did not have the required probable cause, the reasonable suspicion or belief that you violated the law, to stop your vehicle, conduct a DUI investigation and/or arrest you on suspicion of DUI, you may be able to challenge the DUI charges even if the officer collected sufficient evidence of DUI after stopping the vehicle.
Our best DUI defense lawyers in California explain that evidence obtained without probable cause will be suppressed by the judge and thus cannot be used against you to press DUI charges.
Consult with our attorneys from the Okabe & Haushalter law firm to find out what is the best DUI defense in your particular case. Schedule a free consultation by calling at 310-430-7799 or complete this contact form.