San Diego DUI Attorney provides commitment, respect, the utmost degree of customer service, and perseverance in a field concerned with prompt and practical solutions. You can rest assured that our team will collect and analyze evidence to fight for a solution that suits your case.
If you are charged with DUI, please contact us at 619-535-7150 to build your customized defense approach.
Here are typical DUI defenses:
Absence of Probable Cause or Reasonable Suspicion
It is illegal for the police to stop you without probable cause (a reasonable suspicion to believe you were violating DUI laws), and the evidence from the stop should be suppressed. Suppressed means that if the police officer had no legal reason to pull you over, the court could dismiss your case. The prosecution will have a considerable burden in securing your conviction without this evidence.
While reasonable suspicion suffices for a traffic stop, the police might not apprehend you without probable cause. In simple terms, are the circumstances and facts within the police officer’s understanding enough to justify a prudent individual to suspect you have violated, are violating, or want to violate a DUI law?
Your skilled legal counsel at San Diego DUI Attorney could argue that the arresting officer had no probable cause and, therefore, wrongly arrested you.
We can also file a motion to suppress all evidence from the traffic stop to help you beat the DUI charge. If the prosecution’s team is inadmissible, the judge could reduce charges or dismiss your case.
Gut Fermentation (Auto-brewery Syndrome)
Auto-brewery syndrome is a medical condition that causes an individual to be drunk even if they have not drunk alcohol. Also known as endogenous ethanol fermentation, the disease causes the affected person’s body to create alcohol from carbohydrates.
The individual can have their BAC level several times greater than the allowed legal limit after eating sugary or starchy foods. Our attorney can work with a medical practitioner to prove this sickness and refute DUI charges through medical tests.
Breathalyzers Test Errors and Inaccuracies
A DUI breathalyzer is a fast and convenient method to measure an individual’s BAC but can sometimes return errors. The testing device takes a snapshot of the chemicals in someone’s breath during testing.
Several things could go wrong, leading to inaccurate BAC results. Our knowledgeable legal team can argue that:
- The device was not in the appropriate working conditions
- The police officer who administered your test did not follow the required guidelines.
- Residual mouth alcohol from mouthwash or breath sprays could have falsely triggered positive results.
- Some medical conditions, like diabetes and diets, could lead to an inflated blood alcohol concentration.
- Rising blood alcohol phenomenon rendered inaccurate chemical test outcomes.
DUI Blood Testing Errors
DUI blood testing is not immune from the likelihood of errors. Chain of custody is a common defense we use in DUI cases. The prosecutor should verify who had your blood sample in their custody at all investigative points, including when the police extracted blood, ran the chemical test, and secured the evidence against you to avoid mixing up samples or contaminating the blood sample.
We can also use improper blood storage to question the test’s accuracy.
Poor or Erratic Driving Differs From DUI
Our professional defense attorneys can contest your DUI charge by pleading you were only driving poorly or erratically but not while intoxicated. It is a strong defense, especially if you are accused of drunk driving per Vehicle Code 23152(a).
In DUI cases, the prosecution team pays much attention to your driving patterns. They will have the arresting officer testify in court on how you were driving in a way consistent with someone who was under the influence. Often, this so-called pattern includes accusations of weaving or speeding within your lane.
We will refute this proof by having the police officer testify about how you drove properly and safely. We will also elicit testimony from the arresting officer that:
- Sober people commit the majority of traffic breaches
- A driving pattern is not a reliable predictor of driving under the influence
