Can I beat a DUI charge in California?

California DUI laws punish offenders seriously. Even a first offense can lead to major penalties, and multiple offenses can lead to extended periods of time in jail, large fines, community service, and a suspension or revocation of your license to drive. As such, beating a DUI charge is going to be a major undertaking. However, it is possible to beat a DUI charge in California under the right circumstances.

To beat a DUI charge, it is going to be up to you to successfully mount a DUI defense. There are a few different ones that you can try. Some examples include:

• A rising BAC defense. When you stop drinking, your BAC doesn't just automatically set at a given level. Your BAC actually goes up for a little while after you take your last sip of alcohol, as your body breaks down and metabolizes the alcohol. This means that if the officer didn't give you a BAC test right away upon pulling you over, during the gap of time between the driving and the testing, your BAC might have gone up. If you were pretty close to the legal limit, it is then arguable that at the time when you were actually behind the wheel, your BAC was lower than the limit
• A constitutional defense. If there was an illegal search (aka the police searched you without probable cause) then any evidence that the police got from that illegal search (aka, your BAC test) is going to be suppressed and won't be usable by the prosecution to prove your guilt. 

These are just two of many possible defenses available. If you have been accused of a DUI in California, consult with a lawyer as soon as possible for help.