Common Defenses to DUI Charges
Being charged with a DUI is very stressful. You may wonder about the penalties, the amount of fines you may have to pay, and even whether you will have to serve jail time. You may also worry about what will happen to your driver’s license, particularly if you have to drive to school or work. While these are all possible penalties for a DUI charge, there are many defenses available that can help you beat the charges. Below, our San Diego DUI defense lawyer explains what these are.
Unlawful Traffic Stop
Police officers cannot pull you over without reason. For example, if you violated traffic law or were driving erratically, this can give police reasonable suspicion to pull you over for suspected impaired driving. If the officer did not have reasonable suspicion for the traffic stop, it is illegal. Any evidence collected during the stop, such as breathalyzer results, are deemed inadmissible. Prosecutors rely on this evidence to prove their case and without it, they may even drop the charges.
Unlawful Arrest
Even if the police officer had reasonable suspicion to pull you over, they must have probable cause to believe that you were impaired while driving before they can arrest you. The aroma of alcohol on your breath, red eyes, and slurred speech are just a few signs that can give an officer probable cause that you are impaired while behind the wheel. Without this probable cause, the officer cannot make an arrest. If they do, your lawyer can challenge the unlawful arrest.
Unreliable Field Sobriety Test Results
Some field sobriety tests (FSTs) are scientifically validated, such as the horizontal gaze nystagmus test, the walk-and-turn, and the one-leg stand. Others are not. The real problem, however, is not whether the test itself is validated. The purpose of these tests is to gather evidence of intoxication, and nearly anything you do on them will be interpreted against you. It is like a test where the wrong answer loses you points, and the right answer earns you nothing.
If you agree to perform these tests, the results can be challenged. Along with other things, your San Diego, CA DUI defense lawyer may argue that the officer administered the test improperly, or that external factors such as uneven pavement, poor weather conditions, or even your footwear skewed the results. Still, if you performed well on the test, your attorney can use that to counter the officer’s conclusions.
Faulty Chemical Tests
Unlike field sobriety tests, you are required to submit to chemical tests such as blood, breath, or urine tests. Of these, breath tests are the most common. Breathalyzer machines must be properly calibrated and the officer must then properly administer the test. Blood test results can also be challenged if the sample was not properly handled, stored, or tested. When law enforcement fails to follow proper procedure, this evidence can also be thrown out.
Rising Blood Alcohol Defense
Alcohol is not immediately absorbed into the bloodstream. Your blood alcohol concentration (BAC) can rise over time after your last drink. In other words, your BAC as you consume your last drink will not immediately reach its highest point. In other words, it is possible that your BAC was actually below the legal limit while you were driving, but rose to above the legal limit by the time police administered a chemical test. If so, your San Diego DUI lawyer may raise the “rising BAC” defense in order to show that you were not impaired at the actual time of driving. The defense generally requires expert testimony on how alcohol is metabolized in the body
Here is an example: imagine a driver in San Diego who has two drinks at a restaurant. They leave shortly afterward. When pulled over ten minutes later, their BAC may actually still be under the legal limit. However, when police eventually get around to testing them thirty minutes later, their BAC is measured at 0.081 percent. That is barely above the legal limit in California. Given the circumstances, it is possible this driver may have a rising BAC defense.
A Violation of Your Rights
Even if you are arrested for a DUI, you still have rights. If police take you into custody and interrogate you, they are required to inform you of your Miranda rights, such as the right to remain silent. If your rights are violated during an arrest, important evidence, including statements you made during the arrest, can be thrown out, which can strengthen your case.
Call Our DUI Defense Lawyer in San Diego for Help with Your Case
There are many defenses available in DUI cases, and it is not always easy to tell which one is right for your case. At Anthony Z. Vargas, Esq., our San Diego DUI defense lawyer can review the facts of your case and craft the strong defense you need to beat the charges. Call us today at 858-285-4595 or contact us online to schedule a consultation and to learn more about how we can help.
Source:
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=23152
