by Joshua M. Dale, Esq.—Fighting for You from Ukiah to Santa Cruz
 

Facing a DUI charge in the Bay Area?
 

From Ukiah to Santa Cruz, I’ve got you covered. I’m Joshua M. Dale, Esq., a DUI defense lawyer with over 30 years of experience, proudly serving all 11 Bay Area counties—Mendocino, Sonoma, Marin, Napa, Solano, San Francisco, San Mateo, Santa Clara, Alameda, Contra Costa, and Santa Cruz. I’ve been to every one of these counties for hearings, trials, DMV hearings, and settlements, fighting for clients just like you. As a former US Army Military Police Sergeant (1981-1985, MOS 95B20, honorable discharge) and Traffic and Fatality Accident Investigator at Fort Bragg, I spot flaws in DUI cases that others miss. With a BA in Criminology from Fresno State University (1987, Magna Cum Laude), JD from Golden Gate University (1992), and as a Founding Member of the DUI Defense Lawyers Association (DUIDLA), I’ve also attended National College for DUI Defense summer sessions in the 2000s held at Harvard Law School buildings. Based in Monte Rio, CA, since 2008, and working out of Santa Cruz since May 2023 while caring for my mother with Alzheimer’s, I’m an old-school boomer DUI defender who knows the Bay Area courts inside and out. Here are the top 15 DUI defenses I use to protect clients from Ukiah to Santa Cruz—strategies that work in superior courts and DMV hearings across the region.

1. Lack of Probable Cause for the Stop
Officers need reasonable suspicion (e.g., a traffic violation) to pull you over. If the stop was unlawful, I can file a motion to suppress evidence (Penal Code 1538.5), potentially getting your case dismissed. For example, I might find an officer in Mendocino stopped you near Ukiah without cause, invalidating the arrest.

2. Lack of Probable Cause for Arrest
Beyond the stop, officers need probable cause to arrest you for DUI (e.g., clear signs of impairment). If they lacked it, I can suppress post-arrest evidence. In a Sonoma case, for instance, I could challenge an arrest based on vague “slurred speech” with no other signs.

3. Faulty Breathalyzer or Blood Test Results
Breathalyzers must be calibrated per Title 17 regulations. Errors like improper calibration or skipping the 15-minute observation period can make results inadmissible. I might find a San Francisco officer didn’t follow protocol, getting your test thrown out.

4. Medical Conditions Affecting Test Results
Conditions like diabetes or acid reflux can cause falsely high BAC readings due to acetones or mouth alcohol. I can challenge your test results—for example, a Marin client with GERD might have an unreliable breath test.

5. Rising Blood Alcohol Concentration (BAC)
If you drank just before driving, your BAC might have been below 0.08% while driving but rose by the time of testing. I can argue you weren’t impaired while driving, as I might in a Napa case where you had a drink right before leaving a winery.

6. Non-Alcoholic Substances Causing False Positives
Mouthwash, cough syrup, or dental appliances can lead to false BAC readings. I can challenge the test if, say, a Santa Clara client used breath spray before their stop, causing a false positive.

7. Unreliable Field Sobriety Tests (FSTs)
FSTs can be unreliable due to poor conditions, health issues, or officer bias. They must follow NHTSA standards, or I can suppress the results. For example, an Alameda client on an uneven Oakland street might fail unfairly.

8. Alternative Explanations for Driving Behavior
Erratic driving might be due to fatigue or distraction, not intoxication. I can argue this in court—like a Contra Costa client swerving on Highway 4 because they were texting, not drunk.

9. Miranda Rights Violations
If officers didn’t read your Miranda rights before questioning, I can suppress your statements (e.g., admitting to drinking). This might apply to a San Mateo case where an officer skipped Miranda during interrogation.

10. Invalid DUI Checkpoints
Checkpoints must follow strict guidelines (e.g., impartial stopping). If not, evidence can be excluded. I might find a Santa Cruz checkpoint on Highway 1 was invalid, getting your case dropped.

11. You Weren’t Driving
The prosecution must prove you were driving. If you were parked or someone else drove, I can get the case dismissed—like a Solano client found sleeping in their car in Vallejo with the keys in their pocket.

12. Necessity Defense
If you drove under imminent peril (e.g., to escape danger), I can argue necessity. For example, a Santa Clara client might have driven to get their child to the hospital in San Jose during an emergency.

13. Involuntary Intoxication
If you were unknowingly intoxicated (e.g., took the wrong medication), I can argue you lacked intent. This might apply to a Marin client who was drugged at a Sausalito event.

14. Police Misconduct or Procedural Errors
Coercion or improper evidence handling can lead to suppression. I might find an officer in Napa mishandled a blood sample, invalidating the results.

15. BAC Below Legal Limit While Driving
If your BAC was under 0.08% while driving but rose later, I can argue you weren’t impaired. For example, a San Francisco client’s BAC might have been 0.06% while driving but tested at 0.09% later.

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Protect Your Future Across the Bay Area

From Ukiah to Santa Cruz, I’ve fought DUI cases in every Bay Area county, using these defenses to win in court and at the DMV. Contact me for a free consultation—I’m here to help. Email jdale@joshdale.com or call (707) 520-4350. Visit joshdale.com to learn more.

Disclaimer: This is general information, not a guarantee of results. Every case is unique. Contact Joshua M. Dale, Esq., for tailored advice. Joshua M. Dale, Esq., (707) 520-4350, jdale@joshdale.com, joshdale.com. California State Bar #170126.