The easiest way to prevent getting a DUI charge is simply not drinking and driving. By doing so, you are putting yourself and others at risk for harm, bodily injury or worst. To be blunt: DO NOT DRINK ALCOHOL AND OPERATE A MOTOR VEHICLE!

That being said, it is very hard to beat a California DUI charge regardless of if you are guilty or not, but with the help of a qualified attorney you can greatly improve your chances of getting your case reduced or dismissed.There are a number of different ways to beat a California DUI charge, and we have a list of 5 below to give you an idea of some tactics used in court to get a case reduced or dismissed.

1. Mouth Alcohol

Mouth alcohol is an important DUI defense. Some of the DUI breath testing instruments can detect mouth alcohol. Just by using a mouthwash or Chloraseptic spray that contains alcohol could mess up the results of the breathalyzer test. For this reason, you can challenge the result of your breathalyzer test if you had been using mouthwash the night your were arrested for a DUI.   

2. Blood Test Mistakes and Errors

Human error is not a rare occurrence. Moreover, errors can also occur during a blood test and blood test results. No test is 100% accurate, including blood alcohol concentration testing. Though the margin of error is only approximately .005%, that margin could prove to be just enough to get DUI case reduced or dismissed.

3. Lack of Probable Cause

The Fourth Amendment of the United States Constitution bars law enforcement officers from unreasonable search and seizure. In other words, a cop can’t pull a person over without a solid reason.  In the event that a police officer does pull you over without probable cause, you and your counsel can file a motion to suppress. In short, everything that would occur after the illegal stop would be inadmissible in court rendering the case dismissed.

4. Explanation for Physical signs of DUI

Upon being stopped by an officer, the officer will claim that you exhibit odor of an alcoholic drink, red and watery eye and a flushed face. But, it doesn’t mean that you are already a DUI. This is not an enough proof that you will be charged for a DUI case. You can have some additional innocent explanations such as allergies, illness or even physical injury. This can explain the physical signs and symptoms that are associated with the violation.

5. Bad Driving

Police officers often associate erratic driving and bad driving with people who are under the influence of alcohol. Though there are many cases where this may be true, bad driving is not illegal. If a bad driver turns reckless, it is illegal however. But though it may surprise you, it is not a crime to be a horrible driver. There are many reasons that you may have been driving around erratically, which include distractions by passengers, an emergency in your vehicle, eating in your car, spilling something in your car, or being distracted by loud music. If you do get pulled over for a DUI for bad driving, consult an attorney and let him sort out the best defense for you.

It’s not easy to beat a DUI case in the state of California. Make sure you consult an experienced and qualified DUI lawyer like Max Gorby to hold your hand through the court process.  

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