DUI Defenses: How Kersey Law Can Help You Fight Your DUI Charge

Protect Your Future with Proven DUI Defense Strategies—We Fight for the Best Possible Outcome

  • Drivers with Legal Representation Are 50% More Likely to Have Charges Reduced or Dismissed

    Having a skilled DUI defense attorney can significantly improve your chances of achieving a favorable outcome. With Kersey Law on your side, you increase your chances of a better result.

  • Over 75% of First-Time DUI Offenders Face License Suspension

    A DUI conviction often results in automatic license suspension, affecting your ability to work and manage daily life. Acting quickly with a dedicated defense team can help protect your driving privileges.

  • Improper Testing or Errors Contribute to 20% of DUI Case Dismissals

    Errors in breathalyzer or blood tests are more common than you think. Kersey Law knows how to spot these issues and use them to fight for a dismissal of your case.

Facing a DUI charge in California can be an overwhelming experience. The penalties for a DUI conviction can be severe, from fines and license suspension to jail time. But it’s important to know that a DUI arrest is not a conviction. There are many defenses available, and with the right legal team by your side, you can fight the charges and protect your future.

At Kersey Law, our award-winning team has successfully defended countless clients facing DUI charges. We understand the intricacies of California DUI laws, and we know how to build a strong defense tailored to your case. Every DUI case is different, and we take a personalized approach to ensure the best possible outcome for you.

Don’t let a DUI charge define your future—there are defenses available, and we’re here to help.

Common DUI Defenses in California

At Kersey Law, we use a variety of proven defense strategies to challenge DUI charges. Below are some of the most common and effective defenses we employ to protect our clients:

1. Illegal Traffic Stop

The DUI process often begins with a traffic stop. Law enforcement may pull you over if they suspect you’re driving under the influence, or if they observe a traffic violation such as speeding or erratic driving. During the stop, the officer may administer a field sobriety test or a breathalyzer to determine your blood alcohol concentration (BAC). If your BAC is over the legal limit or if you show signs of impairment, you’ll likely be arrested.

  • Key Tip: It’s important to remain calm and exercise your right to remain silent. Anything you say during the stop can be used against you in court.

1. The Traffic Stop and Arrest

One of the most powerful defenses against a DUI charge is challenging the legality of the initial traffic stop. In California, law enforcement must have reasonable suspicion that you’ve committed a traffic violation or are driving under the influence in order to pull you over. If the officer lacked legal grounds for stopping you, any evidence obtained during the stop—such as your breathalyzer results or field sobriety test—can be thrown out.

  • Key Point: If your stop was unlawful, your case could be dismissed entirely.

2. Faulty Breathalyzer Test

Breathalyzers are commonly used to measure your blood alcohol concentration (BAC), but they’re not always accurate. Improper calibration, faulty maintenance, or user error can lead to inaccurate BAC readings. Even factors such as mouthwash or medical conditions (like GERD or acid reflux) can result in false-positive breathalyzer results.

At Kersey Law, we know how to challenge breathalyzer results, and we’ll carefully review the records and procedures used during your arrest to ensure the test was administered properly.

  • Key Point: Breathalyzer machines are not infallible—your test results can be challenged and potentially excluded from evidence.

3. Inaccurate Blood or Urine Test Results

Like breathalyzer tests, blood and urine tests can also produce inaccurate results. These tests must follow strict procedures to ensure their reliability. Errors in handling, storage, or contamination can all lead to false BAC levels. Additionally, delays in testing can affect the accuracy of the results, especially if there’s a long gap between your arrest and when the test was administered.

We’ll examine the entire testing process to identify any errors or irregularities that could undermine the prosecution’s case.

  • Key Point: If there’s any question about the accuracy of your blood or urine test, we will find it and use it to your advantage.

4. Improperly Conducted Field Sobriety Tests

Field sobriety tests (FSTs) are designed to assess your physical and cognitive abilities during a DUI stop, but they’re far from perfect. These tests are highly subjective, and factors like nervousness, fatigue, poor lighting, or even uneven road surfaces can affect your performance.

Furthermore, law enforcement must follow specific protocols when administering these tests, and any deviations from those procedures can be challenged in court. We know how to scrutinize the way field sobriety tests were conducted and will use any mistakes to weaken the prosecution’s case.

  • Key Point: Field sobriety tests are often unreliable, and their results can be challenged in your defense.

5. Rising Blood Alcohol Defense

Your BAC doesn’t rise immediately after consuming alcohol. It can take time for alcohol to be absorbed into your bloodstream, meaning your BAC may have been below the legal limit while you were driving, even if it was over the limit by the time the test was administered. This is known as the “rising blood alcohol defense” and can be a key factor in your case, especially if there was a delay between the traffic stop and the BAC test.

At Kersey Law, we work with forensic experts to prove that your BAC was below the legal limit at the time you were driving.

  • Key Point: Timing matters. Your BAC may have been rising after you were pulled over, not while you were driving.

6. Medical Conditions and Medications

Certain medical conditions and medications can affect BAC levels or cause symptoms that mimic intoxication. For example, conditions like hypoglycemia, diabetes, or acid reflux can result in false breathalyzer readings. Additionally, medications like cold or allergy medications can sometimes create symptoms similar to intoxication, such as drowsiness or dizziness.

We’ll thoroughly investigate your medical history and any medications you were taking at the time of your arrest to see if they played a role in your DUI charge.

  • Key Point: Medical conditions and medications can lead to false-positive BAC readings or affect your performance during sobriety tests.

7. Violation of Your Rights

As with any criminal case, constitutional rights play a crucial role in DUI defense. If law enforcement violated your Fourth Amendment right against unreasonable search and seizure, or failed to read you your Miranda rights, the evidence obtained during your arrest may be inadmissible in court. We will examine every detail of your arrest to ensure that your rights were respected and that the prosecution’s case is based on legally obtained evidence.

  • Key Point: If your rights were violated, we’ll work to have the evidence against you suppressed, which could result in a dismissal of the charges.

The moment you’re pulled over for a DUI, the clock starts ticking on your future. At Kersey Law, we know the pressure you’re under. Our team acts fast to protect your rights from the very first moment of contact with law enforcement, ensuring no mistakes are made that could damage your defense.

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  • 24/7 Availability To Quickly Address Your Needs

    Our firm is available all hours of the day for your emergency needs should they arise as a client.

  • 15+ Years of Experience

    We have handled nearly every type of accusation, from misdemeanor marijuana charges to capital murder and everything in between.

  • We Return All Phone Calls Within Hours

    Unlike most firms who take days, weeks, or even months to respond to a client’s needs, we have a strict 24-hour business return phone call policy. You will hear from your law firm.

Your Future Matters
Let Us Help You Protect It

PROTECT MY FUTURE

Featured Client Story

Your Future Matters
Let Us Help You Protect It

PROTECT MY FUTURE

  • 24/7 Availability To Quickly Address Your Needs

    Our firm is available all hours of the day for your emergency needs should they arise as a client.

  • 15+ Years of Experience

    We have handled nearly every type of accusation, from misdemeanor marijuana charges to capital murder and everything in between.

  • We Return All Phone Calls Within Hours

    Unlike most firms who take days, weeks, or even months to respond to a client’s needs, we have a strict 24-hour business return phone call policy. You will hear from your law firm.

Your Future Matters
Let Us Help You Protect It

PROTECT MY FUTURE

Why You Need an Experienced DUI Defense Attorney

Kersey Law: Defending Your Rights, Your License, and Your Future

A DUI conviction can have life-altering consequences, but with the right defense, you have the chance to avoid the harshest penalties—or even beat the charges altogether. At Kersey Law, we don’t just defend DUI cases; we fight for your future. Our team of experienced attorneys uses a comprehensive approach, tailored to your unique circumstances, to ensure the best possible outcome.

A Proven Track Record of Success

We’ve successfully defended countless DUI cases, securing dismissals, reduced charges, and alternative sentencing for our clients. We know how to challenge the prosecution’s evidence, negotiate favorable plea deals, and take cases to trial when necessary. With Kersey Law, you’re in good hands.

PROTECT MY FUTURE

With your freedom, license, and future on the line, hiring the right attorney can be the difference between conviction and a second chance. At Kersey Law, we have a track record of success in defending DUI cases, using our knowledge, resources, and proven strategies to fight for the best possible outcome. Your future is too important to leave to chance.

Contact Kersey Law Today for a Free Consultation

If you’ve been charged with DUI, don’t wait to get the legal representation you need. At Kersey Law, we offer free consultations to assess your case and help you understand your options. Let us fight for your rights, protect your license, and safeguard your future.

Call us today at 619-329-8385 or fill out our online form to schedule your consultation.

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Why Kersey Law is the Right Choice for High-Stakes Criminal Defense

  • Protecting Your Reputation and Career—We Know What’s at Stake

    When your career, reputation, and future are on the line, there’s no room for mistakes. At Kersey Law, we understand that losing is not an option. We take a proactive and discreet approach to every case, ensuring your professional standing is safeguarded at every step. Your case will be handled with the utmost confidentiality, ensuring that your public and private life remain intact. For clients with the highest stakes, we focus on delivering the exceptional outcomes you deserve.

  • 24/7 Availability—We Are Here When You Need Us Most

    Legal emergencies don’t wait for business hours, and neither do we. As a client of Kersey Law, you’ll have access to 24/7 availability for urgent matters. We’re here when you need us, ensuring that critical situations are addressed immediately. Whether it’s the middle of the night or the weekend, you can count on us to be there and act quickly. This level of support is vital when everything is on the line.

  • Our Experience—Proven Results in High-Stakes Cases

    Kersey Law has defended nearly every type of criminal accusation, from misdemeanors to capital offenses. Whether you’re facing charges like Sexual Assault, DWI, or even Aggravated Assault with a Deadly Weapon, our team has the experience and expertise to handle the most complex, high-stakes cases. We’ve built a proven track record of success in defending clients whose futures depend on the outcome. Trust us to use every tool at our disposal to fight for you.

  • We Return All Phone Calls Within Hours—Because Your Case Deserves Immediate Attention

    Unlike many firms that leave clients waiting for days or weeks, we have a strict 24-hour callback policy. Your calls will be returned within hours, ensuring that you’re never left in the dark. We understand the urgency of your situation, and we pride ourselves on keeping the lines of communication open. Your case is our top priority, and you’ll always know where things stand.

  • Strategic, Relentless Defense—We Go Above and Beyond

    At Kersey Law, we go above and beyond to provide a strategic, personalized defense tailored to your specific situation. Our attorneys take the time to fully understand your case and work tirelessly to develop a strategy that aligns with your goals. We’re relentless in our pursuit of the best possible outcomes and leave no stone unturned in defending your rights and future. When you hire us, you can rest assured that your case is in the hands of a legal team committed to delivering excellence.

When everything is on the line, you need a legal team that will protect your future, fight tirelessly for the best outcome, and be by your side at every step.

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How to Navigate and Overcome a DUI Charge in California

Explore the resources you need to strengthen your defense with Kersey Law. Visit our resource center to access educational videos, client success stories, and essential information to help you navigate the legal process and protect your driving privileges.

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Our dedicated team will vigorously defend your rights and work tirelessly to achieve the best possible outcome.

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See what others have to say about Building a Winning Defense Strategy that Protects Your Future.

Results may vary depending on your particular facts and legal circumstances.

4.8

169 Google Reviews

I am beyond grateful to Keysey Law Firm for everything they've done, not just for me but for my family as well. For over 25 years, I've carried a weight I thought I might never be free from. Thanks to Mr. Kersey and his team that burden has finally been lifted. Even though I live in Texas and this case was in California their team made the entire process seamless. I was prepared to travel across the country is needed, but Mr. Kersey and his team handled everything remotely, with professionalism, care and incredible efficiency. Their customer service is outstanding, always responsive, kept me informed every step of the way and never once made me feel like my many questions were ever a bother. Their patience, kindness, and dedication stood out in every interaction. The relief I feel now is hard to put into words...it's overwhelming is the best possible way. What once felt impossible is now behind me, and that's entirely because of the incredible team at Kersey Law. From the bottom of my heart..thank you all!!
Nick M
Best Attorney Experience Jamahl was my first criminal lawyer — and I hope to God my last. What you see is what you get with him. Not only is he an attorney, but he’s also a YouTuber, so you can actually check out his channel and see for yourself how knowledgeable he really is. During the most difficult time of my life, Jamahl was there to tell it like it is. Between court dates, he didn’t waste time with unnecessary calls or meetings, but whenever I had a question, he answered right away. I trusted him to do his job, gave him whatever information he asked for, and it worked out perfectly. He really listened to where I was coming from and understood my case details. Another thing I appreciated was his firm’s pricing — straightforward, clear, and with no hidden fees. At the same time, I had been paying another attorney who charged me for “case review meetings” every month without providing documentation or results. I felt completely taken advantage of. Now I know why that firm is called “The Moore Group” — more money, more frustration, and no results. In the end, thanks to Jamahl and his team, I went from facing two misdemeanors to only having to complete seven anger management classes — and then it will all be dismissed. That’s an incredible outcome, and I couldn’t be more grateful. I wish Mr. Kersey and his family all the best. Thank you to him and everyone who helped make this happen. Don’t forget to check out his channel: 👉 Jamahl Kersey YouTube
Gary Flores
We all know that going to court can be very stressful. In my particular case I was arrested on a felony and misdemeanor charge. I mention this because this was the first time I ever had to call around trying to find the right lawyer and was unaware of how expensive attorneys can be, which only added on to my worries.Nonetheless, I called law firm after law firm and felt as if most just wanted to know my charges so that they could hurry and give me a quote. When I got into contact with Mr Kersey, it was a completely different experience, I felt he truly cared about me and understood my worries about possible conviction and my financial worries aswell. He reassured me multiple times on our first call that he would be able to defend me in court (which at the time I really needed to hear) , his confidence, understanding, and willingness to go out of his way to help me find a way to pay for representation sealed my choice with picking Kersey Law to represent me in court. The results, I had all charges, both felony’s and misdemeanors dismissed. The experience of having Kersey Law on my side was one of the best choices I have ever made as they always kept me up to date with everything and anything I needed to know before each court date in a timely fashion. Whenever I had any questions or felt nervous after or before a court hearing, I would reach out to Kersey law and they always made sure that all my questions and worries were addressed. They will communicate with you throughout the entire court process, you will not feel alone and you can rest assured that the people that are representing you in court are truly fighting for you, care about you and have your best interests in mind. With Kersey law you don’t have to go through this challenging process alone and will have someone on your side who can get the job done, like I mentioned prior, with their representation I had all my charges dismissed. This law firm is the right option as they will be there for you from start to end. I will forever be thankful for all of the team at Kersey law!
Cristian Enrique Duran

Recent Client Victories and Case Highlights

Results may vary depending on your particular facts and legal circumstances.

Charges Case Details Outcome Date of Resolution
Harassment and Stalking
After a personal dispute escalated into serious legal allegations, the client was left feeling betrayed by both a former friend and their initial legal representation. Dissatisfied with the suggestion of a diversion program, the client sought out Kersey Law for a more aggressive defense. Through meticulous case review and strategic legal action, Kersey Law dismantled the false claims, leading to a full dismissal of all charges. This case underscores the importance of skilled legal representation when facing unfounded accusations.
Charges Dropped
August, 21th 2024
Felony Carjacking
When our client walked into our office, the stakes couldn’t have been higher. Charged with carjacking under Penal Code 215, with allegations of personal infliction of great bodily injury and the use of a knife, he faced an uphill battle. On top of that, four aggravating factors were in play, threatening to make him eligible for the maximum sentence of 16 years and 8 months in prison. Adding to the complexity, he had another case that could have added two more years if found guilty.
Not Guilty
July, 16th 2024
Attempted Murder, Shooting at an Inhabited Dwelling, Firearm-Related Offenses
As a criminal defense attorney, I often encounter cases that test the very fabric of justice. One such case involved a young male client facing serious charges, including attempted murder, shooting at an inhabited dwelling, and various firearm-related offenses. The severity of these charges meant that my client was looking at a potential life sentence, with an additional 20-year firearm enhancement, leading to a daunting prospect of over 30 years to life in prison.
Reduced to Lesser Charges With Two Years of Probation
December, 5th 2023

Fighting Criminal Charges In California

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