Points of Consideration when charged with a DUI in San Diego California
Foremost in winning a DUI case in San Diego will be a thorough review of your DUI case by a San Diego DUI Lawyer. Your Attorney then needs to take a very aggressive position with regard to the areas surrounding your individual case. Here are some general items for consideration.
Blood Alcohol Level Where was it at the time you were stopped? It may not have been over the legal limit when you were driving. By the time the test was finished, you were over the limit. Which one counts for the purpose of your defense? If you were stopped shortly after drinking it will take a while for your blood alcohol to rise. The time elapsed between a first drink, the pull over and the Blood Alcohol Test is critical. Your lawyer will understand how to use these to your advantage.
Breath Tests were unreliable. Many times law enforcement does not follow the correct protocol when administering the breath test at the scene of the traffic stop. Additionally, medical issues may be taken into consideration and may affect the test results. Medical considerations like diabetes, acid reflux, dental issues etc. can alter the breath test result. Even a burp or vomiting can cause a bad breath test reading.
Arresting Officer’s Credibility. Perhaps you were not lawfully stopped or arrested. An arresting officer’s memory can be challenged as it is often difficult to remember one specific DUI case and its details buy the time it reaches court. Police many times overstate their case and a good lawyer can bring that out to the jury in cross-examination. Again, a good DUI lawyer can attack via the weaknesses of your arresting officer’s testimony on you behalf with regard to these and other issues.
Arresting Officer’s Field Sobriety Tests. Most people taking these tests would fail even if they were 100% sober. These tests are designed for you to fail. The lawyer will also show that the tests show a person has perhaps “lack of coordination” rather than intoxication. Most attorneys have no difficulty demonstrating to a jury that the tests are subjective and basically unreliable.
Trial or Plea bargain? Going to trial will be determined only after determining if a plea bargain is in order and if that bargain is a good deal based on the evidence in the case against you. Your DUI lawyer in San Diego is the best person to determine if you should proceed to trial with your case.
