Charge Tiers
California categorizes DUI offenses by BAC, prior history, and aggravating factors. Each tier carries materially different consequences.
Common Defenses
Stop & Detention Challenges
- •Officer lacked reasonable suspicion for the traffic stop
- •Stop was prolonged beyond its lawful purpose
- •Fourth Amendment violation in the encounter
Field Sobriety Test Challenges
- •Officer not certified to NHTSA standards
- •Test administered on uneven surface or in poor conditions
- •Pre-existing medical conditions affecting performance
Breath Test Challenges
- •Device not calibrated to manufacturer specifications
- •Operator deviated from approved testing protocol
- •Mouth alcohol, GERD, or rising BAC
Blood Test Challenges
- •Chain-of-custody breaks
- •Phlebotomist not qualified per state regulations
- •Improper preservatives or storage conditions
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