False DUI Arrest in Oakland

DUI Arrest Mistakes in East Bay

After a long day of socializing with friends, you may find yourself on the drive home, even if you’ve only had a limited amount to drink. Yet, the reality is that you could be subjected to DUI checkpoints throughout California. If you are stopped, the officer will assess your condition to determine if further testing is warranted. Should your Breathalyzer test yield a BAC reading of 0.08% or higher, you could face serious charges.

While such situations can feel overwhelming, it’s important to realize that multiple errors can occur during the DUI arrest process. Identifying these mistakes could be the essential factor that distinguishes a successful DUI defense from an unwanted conviction.

With over a decade of experience, the dedicated team at the Law Offices of Nabiel C. Ahmed, located in Oakland, California, specializes in uncovering these mistakes to potentially dismiss charges against you.

Common Errors in Obtaining Breathalyzer Samples

Breathalyzer tests are often inaccurate due to a variety of factors. If you encounter any of the following issues during your DUI arrest, it could result in an inflated BAC reading:

• Breath sample not taken within two hours of driving
• Test results showing BAC under .12%, with a retest varying by 20%
• Burping during the Breathalyzer test
• Presence of chewing tobacco or mints in your mouth
• Adherence to an Atkins diet prior to testing
• Conditions such as GERD or diabetes
• Regular exposure to solvents during work
• Officer administering the test lacking proper certification
• Breathalyzer device not properly calibrated
• Lack of current log maintenance for the device
• Mouthpiece not being changed before administering the test

These examples are just a glimpse into the many ways your attorney can challenge Breathalyzer results and, consequently, your BAC reading.

Expertise in Identifying Oversights

At the Law Offices of Nabiel C. Ahmed, our experienced DUI defense attorneys excel in identifying oversights that others may overlook. We begin our defense strategy by visiting the arrest site to scrutinize the officer’s roadside conduct and questioning the validity of the initial vehicle stop. As a matter of principle, police are only permitted to stop you if they possess reasonable suspicion.

If an officer fails to adhere to proper procedures during the traffic stop, roadside evaluations, or Breathalyzer administration—our legal team is prepared to file motions to suppress any improper evidence. Such procedural missteps provide the basis for contesting the validity of the test and defending against DUI charges.

For instance, consider the case of Rick, who was pulled over on suspicion of DUI. Following a Breathalyzer test, his BAC registered at .12%. Upon investigating, Rick’s attorney uncovered that the arresting officer failed to observe him for the requisite 20 minutes beforehand, a breach of protocol intended to ensure no hiccups or burps occurred during testing. Consequently, Rick’s seemingly incriminating results were suppressed, leading to the dismissal of DUI charges.

The Impact of Technical Errors in DUI Cases

Legal Grounds for Error

Many DUI cases are dismissed or negotiated down to lesser charges based on the technical errors made by law enforcement officers during the arrest. Each procedural breach serves as a potential pillar for your defense.

Investigating Field Sobriety Tests

Besides the Breathalyzer tests, field sobriety tests often reveal possible inaccuracies and procedural errors. These roadside procedures must conform to specific standards, and an infraction can result in a missed opportunity to advocate for the accused.

Consult with Experienced DUI Lawyers

The value of having a seasoned attorney at your side during such daunting moments cannot be overstated. At the Law Offices of Nabiel C. Ahmed, we are proud to represent clients in Oakland and the wider East Bay area.

Should the need arise, please do not hesitate to reach out for a thorough review of your case at (510) 576-5544. If you are currently incarcerated, we provide phone consultations and jail interviews for your convenience. Additionally, you may fill out a confidential contact form, and we will efficiently review your case to set a consultation for discussing the optimal course of action.

Understand Your Rights and Options

California DUI Legislation

Familiarizing yourself with California’s DUI laws is a crucial part of navigating this challenging legal landscape. A clear understanding will empower you to make informed decisions during this difficult time.

DUI Alternative Sentencing Options

Engaging with a DUI attorney can offer insights into alternative sentencing options that may be available, which can sometimes mitigate the potential consequences of your charges.

Reach Out for a Consultation Today

At the Law Offices of Nabiel C. Ahmed, we focus on defending the rights of our clients against DUI charges across Oakland, Berkeley, Richmond, Concord, and other neighboring communities. We approach every case with dedication and determination to ensure the best possible outcome for your situation. To discuss your case in detail, contact our office today.