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
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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From Facing A Life Sentence to Freedom: A Criminal Defense Success Story by Jamahl Kersey
In the world of criminal defense, every case is a battle with high stakes, but some cases stand out for their complexity and the weight of the potential consequences. Today, I want to share the story of a young man who faced the possibility of spending the rest of his life in prison and how our dedicated team at Kersey Law helped him regain his freedom.
Your Future Matters
Let Us Help You Protect It
Your Future Matters
Let Us Help You Protect It
Featured Client Story
From Facing A Life Sentence to Freedom: A Criminal Defense Success Story by Jamahl Kersey
In the world of criminal defense, every case is a battle with high stakes, but some cases stand out for their complexity and the weight of the potential consequences. Today, I want to share the story of a young man who faced the possibility of spending the rest of his life in prison and how our dedicated team at Kersey Law helped him regain his freedom.
Your Future Matters
Let Us Help You Protect It
Your Future Matters
Let Us Help You Protect It
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.
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.
Why Kersey Law is the Right Choice for High-Stakes Criminal Defense
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.
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.
- Immediate Steps to Take If You’re Arrested While Holding a Professional License ↗
- How Criminal Charges Affect Your Professional License in California ↗
- When and How to Report Criminal Charges to Your Licensing Board ↗
- Understanding the Disciplinary Process for Licensed Professionals Facing Criminal Charges ↗
- Felony vs. Misdemeanor: How Different Charges Impact Your Professional License ↗
- Alternative Sentencing Options for Licensed Professionals ↗
- How Kersey Law Helps Licensed Professionals Keep Their Careers Intact After an Arrest ↗
- Appealing a Licensing Board’s Disciplinary Decision: What You Need to Know ↗
- Top Criminal Charges That Lead to License Suspensions in California ↗
- Preparing for a Licensing Board Hearing After Criminal Charges ↗
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Results may vary depending on your particular facts and legal circumstances.
Recent Client Victories and Case Highlights
Results may vary depending on your particular facts and legal circumstances.
| Charges | Case Details | Outcome | Date of Resolution |
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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 |
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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 |
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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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