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Defenses to a DUI Charge

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Defenses to a DUI Charge in California: What You Need to Know

Driving Under the Influence (DUI) charges in California are serious, carrying potential penalties like fines, jail time, license suspension, and a criminal record. However, being charged with a DUI doesn’t guarantee a conviction. There are several defenses that a skilled criminal defense lawyer, like Daniel Horowitz, a Board Certified Criminal Defense Specialist, can use to challenge the prosecution’s case. Below, we explore some of the most effective defenses to a DUI charge in California and why Daniel Horowitz is the attorney you should trust to represent you.

1. Improper Police Stop

One of the strongest defenses to a DUI charge is an illegal traffic stop. Under the Fourth Amendment, police must have reasonable suspicion—specific, articulable facts—to pull you over. If the officer lacked a valid reason, such as observing erratic driving, a traffic violation, or equipment failure (e.g., a broken taillight), any evidence gathered during the stop could be suppressed. Daniel Horowitz, with his decades of experience in criminal defense, excels at identifying unconstitutional stops and getting evidence thrown out, dismantling the prosecution’s case.

For example, if you were stopped at a DUI checkpoint that didn’t meet California’s strict guidelines—like proper signage or public notice—Horowitz can argue the stop was unlawful.

2. Faulty Breathalyzer, Urine or Blood Test Results

Breathalyzers, urine tests and blood tests are key to DUI prosecutions, but they’re not foolproof. Daniel Horowitz knows how to challenge these tests by examining:

  • Calibration Issues: If the breathalyzer wasn’t properly maintained, its readings may be unreliable.
  • Operator Error: Mistakes by the officer, like skipping the mandatory 15-minute observation period, can invalidate results.
  • Medical Conditions: Conditions such as acid reflux or diabetes can produce false positives, a nuance Horowitz leverages with expert testimony.
  • Chain of Custody: For blood tests, Horowitz ensures any mishandling—like improper storage—renders the sample inadmissible.

With his extensive trial experience, Daniel Horowitz can request device records and cross-examine officers to expose flaws in the testing process.

3. Field Sobriety Tests Were Unreliable

Field sobriety tests (FSTs), like the walk-and-turn or one-leg stand, are subjective and often unreliable. Horowitz can highlight:

  • Environmental Factors: Uneven roads or poor lighting that unfairly impacted your performance.
  • Physical Limitations: Injuries or disabilities that mimic impairment.
  • Officer Bias: Vague instructions or improper training that undermine the test’s validity.

Having completed over 200 jury trials, Daniel Horowitz knows how to use video evidence or witness accounts to discredit FST results and weaken the prosecution’s claims.

4. Rising Blood Alcohol Concentration (BAC)

Your BAC at the time of driving—not testing—is what counts under California Vehicle Code Section 23152. Alcohol absorption takes time, so your BAC might have been below 0.08% while driving but rose later. Daniel Horowitz, a published author and former trial law professor, can bring in forensic experts to argue this “rising BAC” defense, calculating absorption rates based on your unique circumstances.

5. No Actual Driving

To convict you of DUI, the prosecution must prove you were driving while impaired. If you were found in a parked car—say, asleep with the engine off—Horowitz can argue there’s no evidence of driving. Even with keys in the ignition, he’ll demand proof of intent or recent operation, drawing on his expertise from high-stakes cases like death penalty trials.

6. Necessity or Duress

In rare cases, driving under the influence might be defensible if you acted to avoid greater harm. If you fled danger—like an assault—or were coerced into driving, Daniel Horowitz can build a necessity or duress defense. His experience in over 30 special circumstances cases equips him to handle these complex, fact-driven arguments.

7. Violation of Miranda Rights

If police questioned you in custody without reading your Miranda rights, any statements you made could be inadmissible. Daniel Horowitz, a lecturer at legal seminars, knows how to spot Miranda violations and suppress statements, even if the case hinges more on physical evidence.

Why Choose Daniel Horowitz for Your DUI Defense?

Successfully defending a DUI charge demands a deep understanding of California law, scientific expertise, and courtroom prowess—all qualities Daniel Horowitz brings to the table. With his Alameda County roots, over 200 jury trials, and a track record in high-profile cases, Horowitz is uniquely qualified to scrutinize police reports, challenge evidence, and craft a winning defense tailored to your case.

If you’re facing a DUI charge in California, don’t assume the case is airtight. Contact Daniel Horowitz, Criminal Defense Specialist, to explore your options and fight for the best possible outcome.