Most people assume a DUI is a foregone conclusion once they have been arrested and given a number. It is not. California DUI cases are built on a chain of procedures, and a weakness anywhere in that chain, the stop, the testing, the chemistry, or the paperwork, can break the case. This guide pulls together the defenses that actually move California DUI cases, with links to a detailed article on each one.
Challenging the stop and the arrest
If the stop or the arrest was unlawful, the evidence that followed can be suppressed, and the case can collapse.
- The top DUI defenses, an overview
- 1538.5 motion to suppress evidence
- Warrantless DUI arrest (VC 40300.5)
- The no-driving defense
- Unconstitutional checkpoint defense
Attacking the field sobriety and chemical tests
The roadside tests are voluntary and unreliable, and breath and blood results depend on instruments and procedures that frequently fail.
- Field sobriety tests and your right to decline
- The rising blood alcohol defense
- Calibration problems with testing devices
- Chemical test refusal (VC 23612)
- DS-367 form mistakes
Police procedure and credibility
- Common police mistakes during a refusal
- Common police mistakes at a DUI stop
- Pitchess motion for officer records
- The Brady list and officer credibility
See where your case stands
The right defense depends on your specific facts. Get a free written case analysis below, or call me directly at (888) 271-6644. You may also want the California DUI penalties guide and the DUI and your license guide.