Statutory Defenses

There are several statutes that provide defenses to a DUI if your attorney knows how to use them. Two common ones are the requirements that an misdemeanor occur in an officer’s presence and that a prior conviction be constitutional to be valid. Often a prior offense is the worst part about a particular case. If you have two priors, for example, a third offense will carry a mandatory 3-year license revocation.

At the Santa Barbara DUI Defense Center, we obtain the court records for any prior convictions and make sure that the prosecutors and the courts fully protected our clients’ constitutional rights during those earlier convictions. If they did not, then we file a motion to strike the prior convictions as being unconstitutional. Don’t even think of hiring an attorney who will not obtain the records of your prior offenses.

DUI Defense #17

→ Driving did not occur in the officer's presence

DUI Defense #18

→ Citizen informant not present to testify

DUI Defense #19

→ Prior offenses were unconstitutional