DUI cases range from small misdemeanors and misunderstandings to extreme cases of criminal negligence. Those who face the former can feel as though they are wrongly incriminated, especially if they weren't actually drinking or under the influence of illegal substances at the time.
The good news for all those facing a DUI charge while innocent is that help is available. Skilled San Diego DUI lawyers specialize in defending these cases in a fair trial. They will work with you to present a strong defense that questions the original police findings by reexamining evidence and motives. Doing so could mean a lighter penalty or complete exoneration.
Questioning The Evidence
You might assume that once the police have charged you with being over the limit and you're facing criminal action, that's game over. However, skilled DUI lawyers can go over the evidence collected and see if there are any potential issues. The reason for this is that neither of the two common forms of testing is as accurate and reliable as you would expect. Yet, the police continue to use these tests to determine guilt and pin their case on the questionable results. Those tests are the field sobriety test and the breathalyzer test.
Field Sobriety Tests
The field sobriety tests aren't fit for purpose because they aren't an accurate way of determining someone's levels of intoxication. The best way to prove this is to have a completely sober person perform the same tasks in a high-stress environment or to ask the same of someone with cognitive, developmental, or mobility issues. The walk-and-turn test is a good example of this. Walking in a straight line, heel-to-toe is not a natural way of walking. Anyone can hesitate or stumble while trying to carry it out, which automatically means they fail.
Other issues here are the subjectivity and competence of the officer administering the tests. They have one job at this point, and that is to pay close attention to what you're doing and write an accurate report. Those who are distracted or don't care enough to be accurate could make mistakes. There is also the fact that they might not have the experience to carry out a horizontal gaze nystagmus test. That's the one where you follow a moving object to determine how your eyes track it. If they move the pen inconsistently or don't pay attention to your eye movements, the test is worthless.
Breathalyser Tests
As for breath tests, there are a couple of factors that could bring your charges into question. The first goes back to the idea of subjectivity and police incompetence. We assume that the person administering the test has the training to handle the equipment and the readings correctly. However, there's always the chance of human error, either accidental or deliberate. The officer may claim the reading was higher than it was or may write the wrong figure in their report. DUI lawyers can check police reports to see if there are any discrepancies. There is also the risk that the device itself was faulty or not calibrated correctly.
A bigger concern is that the reading was recorded correctly, but it wasn't accurate concerning your true BAC. There are several environmental factors that can affect results, such as temperature. Conditions that raise body temperature or breathing rates can increase the rating, potentially showing an illegal level that is inaccurate. Furthermore, there are other substances detectable on the breath that could trigger a false positive. Anyone who recently used mouthwash with an alcohol content is at risk of triggering this false positive. There are also medications and medical conditions that lead to similar results. If you and your legal team can prove this was a factor, you might be able to beat the charges.
Questioning The Motive For The Arrest
Another tool that skilled San Diego DUI lawyers can use when fighting these charges is to look at the intent of the arresting officer. The law states that they can only pull someone over for those tests with probable cause. That means they must have seen something in the way you were driving to suggest that you were intoxicated. If you were legitimately driving recklessly or speeding, then it's fair enough. If it was just a random stop and they tested you for no reason, was there an ulterior motive or some profiling going on? The best California DUI lawyers will challenge this and look at dashcam or body cam footage to help build a case.
Questioning Past Arrests
The charges faced in a DUI court case often depend on the number of prior charges. The potential consequences certainly do. That's why it's so important for DUI lawyers to check the validity of past offenses and police records. A first offense is a misdemeanor with the potential for fines, probation, a suspended license, and driver education. The fines and the risk of jail time increase with each offense. Therefore, it's the responsibility of DUI lawyers to ensure you're facing the right penalties and to make negotiations as needed.
Work With Trusted San Diego DUI Lawyers
A court appearance for a DUI charge doesn't automatically mean you're going to lose your license or face jail time. It's crucial that you work with the best legal team to create a strong case and improve your chances of a fair result. Obviously, if you were guilty and plead guilty, the defense case comes down to reducing penalties in line with the severity of the crime and reaching a negotiation. If you were innocent, you have the chance to prove that with the right evidence and a persuasive case. The best-case scenario is that you have the case thrown out entirely.
The point is that San Diego DUI cases aren't cut and dried just because you've been charged. You don't know how facing a DUI charge will play out until it's over and the right DUI lawyer can help turn the tide in your favor. So, take the time to explain your case to an expert DUI legal team and get the result you deserve.
