San Diego Drunk Driving Defenses

This section of San Diego DUI Law Firms covers many of the possible ways to defend yourself against DUI charges. A competent San Diego DUI attorney will know the best way of defending your DUI case and reducing the potential impact on your life. Even if your BAC test result comes back as over 0.08% that doesn’t mean you should automatically plead guilty to your San Diego DUI charge. There are many other avenues open to a qualified San Diego DUI attorney when helping you to beat your DUI charge.

Below is a list of possible DUI defense tactics that are available to the best DUI lawyers in San Diego:

Lack of Probable Cause

Did the arresting officer have sufficient reason to pull you over? By law he must have a specific cause to believe that you were breaking the law. You may have changed lanes in front of him or made a wide turn but these things aren’t against the law. If your San Diego DUI lawyer can prove that the initial contact between you and the police officer was based on an illegal stop without probable cause then he may be able to have your DUI case dismissed.

Procedural Errors

When processing a DUI offender the police are required to follow very specific procedures and protocols. These procedures have been developed for good reason to guard against such things as evidence tampering, abuse and infringement of your basic rights. If the proper procedures were not followed in your DUI arrest that gives an experienced San Diego DUI attorney a chance to overturn your DUI charge completely.

Observation Period Guidelines Not Followed

After you have been arrested for suspected drunk driving in San Diego and taken to the police station, the administering officer must continuously observe the DUI suspect for at least 15 uninterrupted minutes before administering the breath test. If the administering officer did anything else during that 15 minute observation period, such as writing a report or talking on the phone or radio, that is a violation of proper procedure. Many San Diego police officers improperly try to include the transportation time from the scene of arrest to the police station as part of this 15 minute observation period.

Illegal Search

Minor traffic offenses do not give police the right to search you or your automobile without your consent. Any piece of evidence being used by the prosecution in your DUI case that was obtained from an illegal search can be suppressed by a competent San Diego DUI lawyer.

Disciplinary History of Arresting Officer

A qualified San Diego DUI attorney will investigate the disciplinary history of the arresting officer as this can affect the officer’s credibility in your DUI case.

Dispatch Tape Discrepancies

When a police officer plans to pull over a car they must report their exact intentions to the police dispatch over the radio. This dialogue between the officer and dispatch is recorded and your San Diego DUI lawyer can request those tapes to show that the stop may have been illegal.

Roadside Sobriety Tests Wrongly Interpreted

Your bloodshot eyes are not proof that you have been drinking, especially if you can prove that you have allergies or take certain medications for a pre-determined medical condition that can make you tired. Fumbling for your driver’s license does not prove that you are drunk driving, it was because you were nervous. For instance, people that are over 50 pounds overweight or that have poor balance will fail many sobriety tests even when completely sober.