A portion of the population in San Diego believes that you can not possibly defend a DUI arrest in San Diego. That, however, is far from the truth. First, each individual DUI arrest has unique facts giving rise to unique defenses.
Standard DUI Defenses
Failure to Read Miranda Rights – If the arresting officer failed to read you your Miranda Rights, statements you made after your arrest can be excluded from evidence. According to California law, a police officer must read you your Miranda rights if they hold you in custody and question you about the events prior to your arrest.
Lack of Probable Cause – Before law enforcement can arrest you for DUI, they must have probable cause. Probable cause is a reasonable belief that a crime was committed. This means that an officer must have a reason to believe that the accused was drunk and operating a motor vehicle before they can make a legitimate arrest.
Unlawful Traffic Stop – A police officer can only make a traffic stop for a suspected DUI if they observe specific driving behaviors. If the officer fails to provide justifiable reasons for the traffic stop, the accused is entitled to a “suppression hearing.” At the suppression hearing, a judge will decide if the police officer met the standard for a legitimate DUI stop. If not, the entire DUI case can be dismissed.
Inaccurate Field Sobriety Test Results – Often people are not able to perform the field sobriety tests (FST) to an officer’s expectations. A person may fail the field sobriety tests due to fatigue, weather conditions, lack of direction, or nervousness. All of these factors can impact the results of FST performance, even if the person is sober.
False BAC Readings – A breath alcohol test can report high readings if alcohol is still being absorbed into a person’s bloodstream. When alcohol absorbs into the bloodstream, it is called the absorption phase. The absorption phase can last up to 3 hours after the person has finished drinking. If a breath test is administered during this phase, results will likely be false.
Lack of Observation – According to California law, the police officer must observe a person’s behavior for 15 minutes before they can administer a breath alcohol test. During this time, the officer must be sure that the person does not do anything that may cause mouth alcohol to be blown into the breath test machine. Any of the following may can cause mouth alcohol to be blown into the breath test machine: belching, vomiting, food in braces or dentures, or drinking mouth wash.
DUI Defenses in Your Case
To determine what DUI defenses are viable in your case you will need to speak to an experienced San Diego DUI Lawyer. While most San Diego DUI Attorneys can find the obvious DUI defenses you need someone with the experience and knowledge to aggressively pursue all available DUI defenses in your case.
Call and speak to San Diego DUI Attorney Bradley Corbett today at 619 752 3004 to begin the discovery process today. There are viable DUI defenses in every San Diego DUI case.