Have you ever been arrested for a DUI when you were not guilty? This can happen from time to time, for a number of different reasons. For one thing, the officers might pull you over for something like swerving briefly out of your lane, thinking that you are drunk, when you are really just trying to change the radio.
They could then put you through a series of tests to see if you are sober and decide that you have failed, when the real reason you could not pass was simply that the tests were too hard – they often include things like saying the alphabet backwards, which is hard to do under any circumstances.
However, if you have not had anything to drink, odds are that you will not be taken in for drunk driving. They can give you a breathalyzer test to determine if there is any alcohol in your system. Therefore, the most common reasons that people try to get out of these charges are that they have been drinking but they do not think they were over the limit or that the officers made some mistakes during the proceedings that negated the charges.
If the officers broke the law, for example, in their efforts to charge you with drunk driving, you may be able to get out of the charges even if you were actually drunk at the time. The police do not have any right to disregard the laws themselves. They have to follow them at all times or even a confession could be thrown out of court. They also could misread the breath test and take you in even though you have not had nearly enough to break the law. If you know that you only had one drink with dinner and there was no way that you could have been drunk while driving, they might have made a mistake.
Either way, you have to work with an Alameda County DUI lawyer to get out of the charges. He can tell you what your best bet is to fight them and if you even have a case. Do not just assume that you have to pay the fine or even do the jail time just because you were arrested. You have rights as a citizen, and they need to be upheld. Make sure that you get a lawyer who can help ensure that justice prevails.