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Bird & Van Dyke, Inc. - A Professional Law Corporation

Local Attorneys, Local Representation

Free Initial Consultation

Stockton 209-390-8877

PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us in person, via telephone or through video conferencing. Please call our office to discuss your options.

Bird & Van Dyke, Inc. - A Professional Law Corporation
STOCKTON
TRACY
Contact us for a
Free Initial Consultation

PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us in person, via telephone or through video conferencing. Please call our office to discuss your options.

Local Attorneys, Local Representation

We help clients throughout Northern California overcome their legal challenges and move forward with their lives.

A Former Prosecutor Working For You.

Our inside knowledge gives clients the edge they need to defend themselves against criminal charges.

Get Compensation After An Accident

At Bird & Van Dyke, we help clients put the pieces back together after being injured in an accident.

Meet Our Legal Team

Contact us at 209-390-8877 to schedule a free consultation.

LOCAL ATTORNEYS, LOCAL REPRESENTATION
LOCAL ATTORNEYS, LOCAL REPRESENTATION

A DUI arrest and conviction means you may face severe penalties. For example, according to the State of California DMV, the arresting law enforcement official will confiscate your driver’s license, and you will not have driving privileges until the expiration of your suspension or revocation period.

If you have concerns about a harsh sentence and the impact it will have on your future after a conviction, you may be able to reduce or mitigate your charges with certain defenses. Here are a few of the most common defenses to a DUI charge.

1. Lack of reasonable suspicion

A law enforcement official cannot pull you over arbitrarily. For this reason, the arresting officer must suspect that you did something wrong before pulling you over for DUI. If, for instance, you were not swerving in and out of lanes, obeying all traffic laws or disobeying the speed limit, the law enforcement official may not have had reasonable suspicion to pull you over.

2. Failure to follow sobriety test protocol

The law enforcement official must follow certain protocols when conducting a field sobriety test. Failure to follow correct procedure during a DUI arrest could result in a reduction of your charges. Field sobriety tests are also not a complete indicator of drunk driving.

3. The existence of a medical condition

Certain medical conditions can create the appearance of driving under the influence and even skew the results of a breath test. For example, slurred speech can be a result of neurological problems while sinus troubles and allergies can cause watery, red eyes.