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Los Angeles DUI Defense in a Nutshell Part 2

In the previous blog, there was discussion on possible defenses for DUI. While an arrest is stressful and often traumatic, it does not necessarily have to lead to a conviction if the right defenses are available. The strength of each available defense will depend on the specific facts of your case. A thorough discussion of the each available defense with an experienced Los Angeles DUI Lawyer will help you determine what your options are and if any of the defenses will work in your favor.
In Part 1, two defenses were discussed; No driving, and Inaccuracy of test results. There are additional defenses available, with one of the strongest being a good lawyer who is aggressive and familiar with not only the law and procedure, but also the Judges and Prosecutors themselves.
Fourth Amendment Rights
Under the Constitution, we are afforded certain rights to be free from unreasonable search and seizure. When you have been stopped for suspicion of any criminal violation, not just DUI, officers do not have the right to search your property or your person without reasonable cause. For example, officers may not draw blood from you for sobriety tests, without your consent and permission. You must give explicit consent. Officers may not pull you over, unless they have a reason to do so, and they may not ask you to submit to an alcohol test or sobriety test unless they have reason to do so. There may be a reason if you admit to having been drinking, or if officers observe that you have visible signs of being intoxicated. This can include, the smell of alcohol, watery eyes, and slurred speech.
If it is found that officers have not  followed procedure and have gathered evidence against your Fourth Amendment rights, then  with the right motions and argument, the Judge may throw out each of those pieces of evidence, and Prosecutors may not use it to present their case. This will definitely weaken their  case, giving you stronger changes or prevailing.
Rising Alcohol Defense
Your blood alcohol must be high enough to indicate intoxication at the time you are operating a vehicle. To fully understand this defense, it is important to consider an example. Don has volunteered to drive to the neighborhood bar. His plan is that he can leave his car there after and everyone can take a cab back to his apartment. Right before Don leaves his apartment, he takes two shots of Rum, gets in the car and drives his friends to the bar, about 5 minutes away. At the time Don got into the car, his blood alcohol level was low because the shots had not yet taken effect, and had not entered his bloodstream. So, in argument, Don was not intoxicated at the time he was driving his vehicle.
This is a difficult defense, but one that can prove to be extremely successful. To determine if your case has the right facts to support such a defense would be the job of a legal professional who deals with DUIs everyday.