San Diego DUI Lawyers

San Diego DUI Attorneys

DUI San Diego


Potential Breath Test Defenses

(01) No Continuous observation for entire 15 minutes before first breath sample.

Many Officers will attempt to include transportation time as part of required observation period, but if he goes to his trunk and/or walks around before removing you from police car, or you were left alone at anytime prior to taking the test this should not be counted in the 15 minutes.

(02) You burp, belch or regurgitate within 15 minutes of the first breath sample.

(03) Your Health.

Asthma, Bridgework, Bronchitis, Chronic Obstructive Pulmonary Disease, dentures, Emphysema, Gastric Reflux, gum disease, Gingivitis, Hernia, Irritated Bowel Syndrome (diagnosed and treated before date of arrest).

(04) Your behavior does not match test results.

This must be shown by a neutral independent witnesses.

(05) Breath test room Interference.

Radio Frequency Interference from a cell phone, radio, or other equipment may cause the breath machine to give artificially high reading. In addition a shared power supply with heater or other appliance.

(06) Recent exposure to volatile fumes.

Lacquer, gasoline, paint, dry cleaning fluids with cumulative reading can cause an elevated result.

(07) Air bag.

"The Tyndall effect." A gas propellant is used to deploy your air bag. This can cause diffusion of light in the breath machine therefore causing an elvated result.

(08) Something in mouth containing alcohol.

Breath Drops with alcohol, Snuff, etc.

(09) Improper or out of agreement tests.

To be valid a breath machine result must have two test where both results are within 0.02% of each other.

(10) Officer refuses to permit your request for a second, independent test.

(11) Elevated Temperature.

Fever, hot tub, sauna, detention in hot sun or back of patrol car in summer, dancing, menstrual cycle can all cause your body temperature to exceed the "norm" as set in the machine.

(12) Irregular blowing pattern.

Crying can cause a water vapor problem.

(13) Results not obtained within 3 hours.

The law requires that the government prove the test was taken withing 3 hours of the driving.

(14) Alcohol consumed after driving.
print DUI page Bookmark DUI Lawyer email page to friend
dui stop dui machine dui handcuffs

Quick Tips

 (1) Write everything down.        (Witness statements as well)

 (2) Don't make assumptions.        (DUI's are not "Cut and Dry")

 (3) Consult with a DUI Lawyer.        (Not a "case manager" etc.)

 (4) Get a DMV hearing date.        (Within Ten Calendar days)

 (5) Use your FREE consultation.        (No obligation so call now.)

My Philosophy

Simply put my DUI Arrest motivated me to provide the kind of service that I wasn't able to find when I needed it most.

I thought, and live by, the proposition that a DUI Lawyer should be "up-front" about all aspects of my DUI case and not just concerned about how I was going to pay. Additionally, I hated being "sold." When you call I will provide you (not a sales person) with HONEST, ACCURATE information about the DUI process; potential DUI Defenses and I will give you a fair price for our DUI Defense services.

Because I provide accurate, honest DUI information and won't use sales gimics I can confidently tell you that I have an outstanding record as a member of the San Diego Better Business Bureau. Click the BBB Logo at the top of the page to check my record. As of 4/15/08 I am the only San Diego DUI Lawyer who is a member of the BBB and during the past 5 years as a member my office has represented over 750 people arrested for DUI. My staff and I understand that you are apprehensive and uncertain about your future, but remember that each DUI case is unique and, please, do not plead guilty without having your case reviewed by an experienced DUI Lawyer - An experienced DUI Attorney can help.

DUI in the News


Louisville's Spillman charged again with DUI, marijuana possession
ESPN - 13 hours ago
Louisville Cardinals wide receiver JaJuan Spillman, charged with DUI and possession of marijuana in January 2007, was arrested and charged again in another ...

Deputy fired and arrested for DUI, late night hit-and-run
WIS, SC - 4 hours ago
COLUMBIA, SC (WIS) - The Richland County Sheriff's Department has arrested a deputy they say was driving under the influence when he was involved in a ...
Richland County deputy fired after DUI charge Charlotte Observer
Richland County Deputy Arrested For DUI and Hit and Run WOLO
Richland deputy charged with DUI in hit-and-run, fired The State
CBS 2
all 18 news articles

San Diego News

Baek leads San Diego to 5-1 victory - The Associated Press

Barrett returns to San Diego - San Diego Union Tribune

San Diego Padres Arizona Diamondbacks box - Kansas City Star

Volunteers Help CAL FIRE Patrol San Diego County - XETV FOX6 San Diego

San Diego mayor names new communications director - San Diego Union Tribune

San Diego County Gasoline Prices Drop Slightly Again - XETV FOX6 San Diego

San Diego Officials Appeal Judge's Ruling on Blackwater - KPBS

San Diego appeals new Blackwater training facility - San Francisco Chronicle

AP Photo CODZ202, CODZ201 - USA Today

The first & only DUI law firm in San Diego Accredited by the Better Business Bureau.
Click on the BBB logo to the right to check our record of performance.

Review our Client Testimonials here.