DUI Defense Strategies

Tustin DUI / DWI Defense Lawyer

If you were pulled over and charged with drunk driving, it may seem like the police hold all the cards and there is nothing you can do.

That may not be true ... you may have defense options, but you won't know unless you talk with an experienced DUI lawyer.

I'm DUI defense attorney Barney B. Gibbs. I've been helping people overcome drunk driving charges for more than 25 years. I personally handle all of my clients' cases and I know all the errors and problems that can occur from the time the police pull you over until your case goes in court. I will make sure you don't pay the consequences for errors made in your case.

If you're facing DUI charges after a drunk driving arrest, contact my Tustin, California law office. I am available 7 days a week, 24 hours a day, and I can meet you in jail.

DUI Breath Test Defense

In order for a breath test to be valid the machine has to be working properly and the person using the machine has to administer the test correctly. If the machine has not been calibrated correctly or properly maintained, the breath test results may be incorrect. If the officer hasn't been properly trained on using the equipment, the result won't be valid, either.

A thorough defense is in the details. I check the maintenance and calibration records of the machine to ensure it was functioning properly. We review the videotape and talk to witnesses to understand if the officer conducted the test properly, according to the specific guidelines of the machine.

If your breath test was not done correctly, we may be able to get the DUI charges dismissed.

Blood Alcohol Test Defenses

A blood alcohol test is more reliable than a breath test, but again, it's only as good as the person taking the sample and running the test.

California requires that the blood sample be taken by a certified nurse or phlebotomist. If someone else took the blood sample, we can question the validity of the test.
Was the blood properly mixed with preservative? If not, the blood alcohol content in the sample could increase
Has the lab had problems before with tainted or contaminated samples? I'll check.

Medical Problems that Can Affect Your BAC

Some people with a medical condition called GERD (gastro-esophageal reflux disease) can have a false breath test result. GERD symptoms include frequent heartburn or acid indigestion, asthma-like symptoms, or trouble swallowing.

Other Reasons a Test May Be Invalid

Did the police officer have a good reason to pull you over?
Was there a good reason for the arrest?

Don't put your drivers' license at risk without a fight. If you've been charged with DUI, contact me to discuss your defense options.