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DUI Arrest Mistakes
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False DUI Arrest in Oakland

DUI Arrest Mistakes in East Bay

You've spent all day hanging out with friends, and now it is time to drive home. While you haven't had very much to drink, you could still be stopped and pulled over at one of the many California DUI checkpoints. When this occurs, it will be up to the officer to determine if he or she thinks that you have had too much to drink and to decide to administer a Breathalyzer test. If your BAC reading is 0.08% or greater, you will be arrested and charged with drunk driving.

While the above scenario may seem hopeless, there are numerous DUI mistakes that can be made during the DUI process. Finding these mistakes can make a difference between winning your DUI case and being convicted of DUI.

With over 10 years of experience, the Oakland DUI lawyers at the Law Office of Nabiel C. Ahmed, are skilled in recognizing these mistakes to help you have the charges against you dismissed altogether.

Mistakes Obtaining the Breathalyzer Sample

Breathalyzers results are often incorrect for a variety of reasons. If any of these occurred during your DUI arrest, your BAC reading could be falsely high.

  • Breath sample was not taken within two hours of driving
  • Results are under .12 and retest is off by 20%
  • You burped during the test
  • You had chewing tobacco or a mint in your mouth
  • You have been on an Atkins diet
  • You have GERD or diabetes
  • You work with solvents on a regular basis
  • The police officer administering the test was not certified
  • The Breathalyzer was not calibrated properly
  • A current log was not kept
  • The mouthpiece was not changed before the test was administered

These are just a few of the most common ways your lawyer can challenge the Breathalyzer results—and subsequently your BAC reading.

We Know How to Find Mistakes Others Miss

At the Law Office of Nabiel C. Ahmed, our DUI defense attorneys know how to find the mistakes that others miss. One of the ways we do this is by personally visiting the arrest site to discredit the officer's roadside test. We will also review the officer's reasons for stopping your vehicle in the first place. After all, police officers are only supposed to stop you if they have a probable reason.

If the officer did not follow the correct procedures for stopping your vehicle, performing the roadside test, or administering the Breathalyzer test, then we will file a motion to suppress the evidence. Any of these mistakes can allow our attorneys to attack the test's validity and question your DUI further.

For example: Rick was pulled over under suspicion for drunk driving. The arresting officer administered a Breathalyzer test and Rick's result showed that his BAC was .12%. He was immediately arrested and charged with DUI. Rick's Oakland DUI defense lawyer began investigating the case and found that the testing officer did not watch Rick for a full 20 minutes before administering the test. This is against the rules because the officer is supposed to make sure you don't hiccup, vomit, or burp both before and during the test. As a result, Rick's BAC results were excluded, and he was not convicted of DUI.

Let Our Firm Fight for You! We proudly help clients in Oakland, Berkeley, Richmond, Concord, and the surrounding areas! Call the Oakland Law Office of Nabiel C. Ahmed today to set up a free review of your case at (510) 907-6600.

If you are already detained, we are also available for phone consultations and jail interviews. You can also fill out a confidential contact form and we will review your case. From there, we can set up a consultation to discuss how we can help you pursue the best possible outcome.



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510.907.6600 1305 Franklin Street #404
Oakland, CA 94612 Map & Directions [+]

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