Payman Zargari Misdemeanors Law Blog on Lawyers.com

You have been arrested for driving under the influence of alcohol (DUI).  You are just at the beginning of a long process that will require several court dates and which might lead to substantial fines, the suspension of your driver’s license and possibly jail time. How should you defend yourself?

There are several avenues of defense possible when considering a charge of driving under the influence in California.  These defenses are based on challenges to the police’s observation of your driving and behavior, of the field sobriety tests

The prosecutor in a DUI case almost exclusively relies on the testimony of the arresting police officer about the conditions of the arrest and his assessment of the competency and ability of the person on trial to drive. If you have an attorney experienced in DUI cases, they will argue that there are different possible explanations for erratic driving behavior that do not have to do with being alcohol impaired.

A police officer might testify about the driver’s appearance when questioned. Suspicious behavior includes bloodshot or red den eyes, pupil enlargement, slurred or incoherent speech, stumbling or not being able to walk in a straight line, or inappropriate joking or misbehavior like belligerence. Possible defenses to these claims--which have nothing to do with being under the influence of alcohol--include a lack of sleep, problems with contact lenses, allergies, medications, physical impairments, job or family stress or nervousness over being stopped by the officers.

After seeing possible signs of intoxication, the police officer will likely ask you to perform one of a number of field sobriety tests to assess your physical and mental state of alertness and ability to drive. The defenses to field sobriety tests are often the same as with officer behavioral observations. Medications and lack of sleep can make it considerably more difficult to perform these tests. Many people also have physical impairments caused by injuries or aging that make it impossible to perform these tasks

If you have an experienced dui lawyer in los angeles, he or she can question the arresting officer as to whether the police asked you if you had physical impairments or if there were any circumstances that would have made it difficult to perform the tests correctly. One way to demonstrate this is by asking the jury members if they would have difficulty reciting the alphabet backwards even in the ideal conditions of the courtroom.

Santa Monica DUI laws against a DUI offense require a lawyer’s expertise and experience. If you’ve been charged with a DUI, it’s important to contact a Santa Monica DUI attorney right away. Payman Zargari is available to assist you with any DUI-related charges in Southern California.