Q: What are common defenses used in commercial DUI cases in California?

A:

In California, common defenses that may be utilized in commercial DUI cases include issues surrounding the validity of the traffic stop, the use of field sobriety tests, and the calibration of breathalyzers. One fundamental defense could argue that the traffic stop was unlawful. If law enforcement did not have reasonable suspicion to initiate the stop, any evidence obtained as a result may be suppressed.

Another common defense revolves around the administration of field sobriety tests. If the tests were not conducted according to established protocols, or if the individual had medical conditions that affected performance, this could provide grounds to challenge the results. Additionally, the accuracy and maintenance of breathalyzer devices are critical. Arguments can be made that the devices were not properly calibrated or that the operator did not have the requisite training, leading to unreliable blood alcohol content readings.

Lastly, a defense might focus on the driver’s ability to operate a commercial vehicle safely despite the presence of alcohol. For example, showing that the driver was not actually impaired at the time of operation may mitigate culpability. Overall, utilizing these defenses can be key in challenging DUI charges specific to commercial vehicle operators under California law.

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