Skip to Content
DUI Arrest Mistakes

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 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.

Client Testimonials

We Don't Let Our Clients Down
  • “Huge Help to Me and My Family”
    “Nabiel was able to negotiate a great plea and avoid serious charges. This was especially important since we were looking at significant charges despite this being a first offense.”
    - Alex G.
  • “Understands and Has Great Communication”
    “He worked hard and diligently while going the extra mile. He was patient and caring during my ordeal and even followed up and checked on me afterwards.”
    - Adarice
  • “Better Than Expected Result”
    “Mr. Ahmed did his thing to make sure I did not spend one day in jail! His ability to explain everything along the way really helped through this stressful episode.”
    - Francisco C.
  • “I recommend Nabiel over the rest!”
    “Mr Ahmed is a very knowledgeable attorney. He went above and beyond to help me with my case. He also gave me sound advice and went over my options.”
    - Marshall

Our Awards

  • 10 Best
  • Top 3 Criminal Defense Oakland
  • Top DUI in CA
  • Super Lawyer 2020
  • Top 10 Criminal Defense
  • Super Lawyers Nabiel
  • Yelp
  • Top 1 National Attorney

Contact Us Today

Get the Defense You Need In Your Corner
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy