DUI Defenses FAQ – Our LA DUI Defense Attorney Team Will Protect Your Rights
Individual Cases
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DUI cases can be fought and won using proven DUI defense tactics. Our DUI / Drunk Driving lawyers have successfully represented clients throughout Southern California.
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MR. MYLES L. BERMAN® – asa* Myles Burman: A DUI can happen to anybody and it does. There are so many defenses to a DUI case; however, each case is an individual case. They’re your facts, your prosecutor, and your judge. I have yet to see a DUI case that’s just like another DUI case. They’re all unique.
However, the techniques in winning a DUI case are techniques that we’ve developed and learned from others over the years: effective cross-examination of the police officer and other witnesses by extensive pretrial motions, having a deep understanding and knowledge of breath and blood testing, and knowing how to attack breath-test machines and blood testing.
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Many people incorrectly assume that there is no legal defense if they are arrested for driving under the influence. At the Law Offices of Top Gun DUI Defense Attorney® Myles L. Berman, our dedicated attorneys know first-hand how inaccurate such a belief is. If you have been charged with a DUI and are seeking an LA DUI defense lawyer, we can help. An attorney from our law firm can review your case and determine the best way to defend against the charges against you. Because we focus in DUI cases, our attorneys have an exhaustive knowledge of the best defenses against a conviction.
Many of our clients have similar questions when it comes to DUI defenses, so we have assembled the information below to serve as an educational reference. If you, a friend, or someone you love has been charged with a DUI, you need to contact a lawyer you can trust. Contact our DUI lawyers today to schedule a free consultation.
What are the most common DUI defenses?
A Good DUI Attorney
Description
Having a good DUI lawyer makes the difference in winning or loosing a case.
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MR. MYLES L. BERMAN® – asa* Miles Burman: It is so important for somebody who is arrested for DUI to have a lawyer who knows what they’re doing in this area. DUI is the most complicated type of criminal case. Many people think it’s more complicated than a homicide case. In any case, people who regularly concentrate in this area and know how to fight these cases and take the cases to trial and successfully represent clients at trial are lawyers who know how to fight and win DUI cases.
*means “also spelled as”
There are multiple defenses against a drunk driving charge. At the Law Offices of Top Gun DUI Defense Attorney® Myles L. Berman, an LA DUI defense attorney will review your case and determine the best way to protect your legal rights based upon the circumstances of your arrest. We handle every case on an individual basis and devise custom defense strategies for each defendant.
- Probable Cause – If the police officer lacked probable cause to pull you over, then the stop is illegal and the evidence against you is inadmissible in a court of law. The fourth amendment of the United States Constitution protects your rights against unlawful search and seizure without probable cause.
- Police Oversight – Failing to read the defendant his or her Miranda rights; making an unlawful arrest or stop; failing to inform the defendant of the consequences of refusing a chemical test; and incorrectly administering a field sobriety test or chemical test could all lead to a successful result. Law enforcement agents have a legal obligation to abide by the law and stick to strict procedural guidelines while carrying out their duties. Any failure to do so can result in evidence being inadmissible or charges against you being dropped.
- Blood-Alcohol Content – There are multiple factors that can lead to inaccuracies in the results of a chemical test. If the equipment is improperly maintained, the technicians conducting the tests lack proper training, or a breath test is conducted during the absorption phase (the time in which the body is still absorbing the alcohol), the results of the test can be unreliable. At our firm, an LA DUI defense lawyer will systematically address the inherent fallibilities of the various testing methods.
Odor of Alcohol
Description
The odor of alcohol may be used by a police officer to justify an arrest.
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MR. MYLES L. BERMAN® – asa* Miles Burman: The odor of alcohol is often used by a police officer to help justify arresting somebody for a DUI, otherwise known as drunk driving. However, the odor of alcohol alone cannot determine how much a person had to drink, where the person drank, when the person drank, or what the person drank. As a matter of fact, the odor from one drink could be the same as the odor from six or seven drinks. More importantly, the police officer can’t tell from the odor of alcohol alone how much a person had to drink.
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- Signs of Impairment – At trial, our attorneys will challenge the arresting officer through cross-examination. Many officers make conclusions based on predispositions rather than on evidence. If witnesses claim that the defendant was sober at the time of driving, the discrepancy between the testimony of the arresting officer and the witnesses may be cause for a reduction in charges, dismissal, or an acquittal.
- Retrograde Extrapolation – The prosecutor will argue that the results of a chemical test directly relate to, and are indicative of, the driver’s impairment when he or she was pulled over. However, depending on when the test was conducted, and at which time any alcohol was consumed, the results of the chemical test test oftentimes are not an accurate representation of the driver’s blood alcohol level at the time of driving.
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How can a DUI defense lawyer help?
A Good DUI Attorney
Description
Having a good DUI lawyer makes the difference in winning or loosing a case.
View Transcript
MR. MYLES L. BERMAN® – asa* Miles Burman: It is so important for somebody who is arrested for DUI to have a lawyer who knows what they’re doing in this area. DUI is the most complicated type of criminal case. Many people think it’s more complicated than a homicide case. In any case, people who regularly concentrate in this area and know how to fight these cases and take the cases to trial and successfully represent clients at trial are lawyers who know how to fight and win DUI cases.
*means “also spelled as”
Fighting a DUI can be a difficult, trying, and complicated process. The prosecution has extensive resources and they actively pursue convictions. If you, a friend, or someone you love has been charged with DUI, you exponentially improve your chances of obtaining a successful case resolution by hiring an experienced and dedicated DUI defense lawyer. While other attorneys may try to put up a noteworthy defense on your behalf, they lack a familiarity and understanding of the idiosyncrasies of DUI cases. At our firm, an LA DUI defense attorney with an extensive background in drunk driving cases can review your case and determine the best way to defend you in a court of law.
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Contact an LA DUI Defense Lawyer
Our attorneys have achieved successful results for our clients, and they will apply the knowledge gleaned from these cases to your defense. If you are seeking an experienced and aggressive LA DUI defense attorney, a lawyer from our firm can help. Read through our client letters to see how we have helped them, and contact our law firm today to schedule a free consultation.
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