How to Challenge a DUI Charge
A DUI conviction can impact your driving privileges, finances, and even your job. But just because you've been charged doesn't mean you're out of options. You still have the right to defend yourself and push back against weak or flawed evidence.
As a criminal defense attorney at McCready Law Group in Long Beach, California, I understand how overwhelming it can be to face a DUI charge.
I’ve helped many clients work through DUI accusations with strong legal strategies designed to challenge the prosecution’s case. With the right approach, it's possible to reduce penalties—or even get charges dismissed. Read on to learn how you can challenge a DUI charge and protect your future.
Questioning the Legality of the Traffic Stop
The first step in challenging a DUI charge often involves reviewing how the initial traffic stop occurred. Law enforcement must have a valid reason to pull you over, such as a traffic violation or suspicion of impaired driving. If the stop wasn't legal, everything that followed—including field sobriety tests and breath tests—could be inadmissible.
I may start by examining dash cam footage, police reports, and any witness statements. If I find that the stop lacked probable cause, I can file a motion to suppress key evidence. This could lead to a significant weakening of the case. Once the stop is under scrutiny, we then move on to whether your rights were respected after that moment.
Challenging the Accuracy of Field Sobriety Tests
Officers often rely on field sobriety tests to determine whether someone is under the influence. These tests include the walk-and-turn, the one-leg stand, and the horizontal gaze nystagmus test. But these assessments can be highly subjective and affected by various factors unrelated to intoxication.
As your criminal defense attorney, I’ll look at whether the officer administered the tests properly. Poor lighting, uneven surfaces, or physical limitations could make a sober person fail. If the officer didn’t follow the correct procedures, I can argue that the results shouldn’t be used against you. This naturally leads us into an important area of concern: chemical testing.
Disputing the Reliability of Breath or Blood Tests
Chemical tests are often presented as irrefutable evidence in DUI cases. But breathalyzers and blood draws aren’t flawless. They require proper calibration, handling, and storage to deliver accurate results. Errors at any stage can lead to inflated or incorrect readings.
Some key areas where chemical testing can be challenged include:
Improper calibration of the breathalyzer: If the machine wasn’t maintained according to state guidelines, its results may be unreliable and excluded from court.
Contamination or mishandling of blood samples: If the chain of custody for your sample was broken, there’s no guarantee the result reflects your actual BAC at the time of arrest.
Medical or dietary conditions affecting results: Certain health conditions or diets can produce alcohol-like compounds in your breath, skewing results on a breath test.
By exposing weaknesses in chemical testing, we can cast doubt on one of the prosecution’s main tools. From there, it’s also crucial to examine how your rights were handled once you were taken into custody.
Arguing That Your Rights Were Violated
The Constitution protects you against unlawful searches and entitles you to legal counsel once arrested. If police violated these rights during or after your DUI arrest, I can seek to suppress evidence or even have the charges dropped.
For example, if you asked for a criminal defense attorney and the request was ignored, anything you said afterward may be excluded. Likewise, if you were searched without a warrant or consent, any results from that search could be thrown out.
These violations can be powerful tools in weakening the case against you. Building on this, it’s also possible to present alternative explanations for your behavior or test results.
Offering Innocent Explanations for Apparent Impairment
Many DUI cases hinge on the officer’s observations. Slurred speech, red eyes, or unsteady movement are often cited as signs of intoxication. But these signs can be caused by perfectly legal and innocent conditions.
As your criminal defense attorney, I may bring in medical records or expert testimony to explain these symptoms. Fatigue, allergies, nervousness, or medical conditions like vertigo can all mimic signs of impairment.
Showing that there’s a legitimate alternative explanation helps create reasonable doubt in the prosecution's story. This transitions us into another important area—witness testimony.
Using Witnesses to Support Your Case
Witnesses can provide important context that counters the arresting officer’s version of events. A bartender, friend, or bystander may testify that you didn’t appear intoxicated. Their testimony can carry significant weight, especially if the officer’s report is inconsistent or vague.
Cross-examining the officer can also expose exaggerations or inconsistencies in their testimony. In some cases, officers may have incorrectly filled out reports or misremembered key details. Combining these efforts can strengthen your case before it even goes to trial. As we prepare for that possibility, let’s take a look at how trial preparation works.
Preparing a Strong Defense Strategy for Trial
Taking a DUI case to trial requires careful planning and attention to detail. I work closely with my clients to review every element of the case, assess weaknesses in the evidence, and develop a story that reflects the truth of what happened.
Some key components of trial preparation include:
Witness preparation: I make sure all defense witnesses are ready to testify clearly and confidently about the events in question.
Jury selection: Choosing jurors who may be more skeptical of police testimony or chemical tests is a crucial step in your defense.
Evidence presentation: I introduce favorable facts and challenge the prosecution’s narrative by pointing out errors or inconsistencies.
By building a complete and compelling defense, we improve your chances of achieving a positive outcome. While trial preparation is vital, sometimes it makes more sense to negotiate a plea deal instead.
Considering Plea Bargains as a Strategic Option
Not every DUI case needs to go to trial. In some situations, negotiating a plea agreement may lead to reduced penalties, such as lower fines or fewer license restrictions. This option might be more appropriate if the evidence is strong but you want to avoid jail time.
I work to negotiate terms that protect your long-term interests. This may include entering a diversion program or pleading to a lesser offense like reckless driving. Plea deals aren’t an admission of guilt—they’re often a smart way to minimize the impact of a difficult situation. Once you’ve considered all defense strategies, you also have the right to appeal if you're convicted.
Exploring Your Options After a Conviction
If you're convicted of a DUI, that doesn’t necessarily mean the case is closed. You may be able to appeal the conviction based on legal errors that occurred during the trial. This includes things like improper jury instructions, the use of inadmissible evidence, or a lack of sufficient proof.
Filing an appeal gives us a chance to correct those mistakes and potentially reverse the outcome. While appeals can take time, they offer another opportunity to protect your rights. After an appeal—or even before—it’s important to think about the longer-term consequences of a DUI conviction.
The Long-Term Impact of a DUI
A DUI can affect more than just your record. It can lead to job loss, license suspension, increased insurance rates, and social stigma. For those in certain professions, like commercial drivers or healthcare workers, the damage can be even more severe.
That’s why I don’t just fight charges—I also help clients deal with the practical consequences that follow. Whether it's restoring driving privileges or working with employers, I provide support every step of the way. With a clear understanding of the stakes, let’s wrap up with how a criminal defense attorney can assist with your case.
Take Action to Protect Your Future
If you’re facing a DUI charge, don’t try to work through it alone. As an experienced criminal defense attorney at McCready Law Group, I’m here to review your case, explain your options, and fight for your future. I serve clients throughout Long Beach, Huntington Beach, Irvine, Lakewood, Orange County, Santa Ana, and Fountain Valley. Call me today to schedule a consultation and start building your defense.