A strong defense by a qualified San Diego DUI lawyer gives you the best chance of beating your DUI charge. These pages contain information about all of the possible defense tactics you could employ to beat your DUI, including blood test defenses, breath test defenses, violation of your rights and lack of probable cause by the arresting officer for your DUI stop.
Defense tactics that can be used in your DUI defense, such as lack of probable cause by the arresting officer to pull you over, procedural errors, illegal search of you or your car, dispatch tape discrepancies or disciplinary history of the arresting officer.
DUI Blood Tests
Chemical blood tests are an accurate method of determining your Blood Alcohol Content, BAC, but there are many possible defenses to a high BAC test result. Possible DUI defenses include improper chain of custody documentation of your blood sample or an unqualified blood technician draws the sample.
DUI Breathalyzer Tests
Breathalyzers are a quick, cheap and relatively accurate method of determining a suspected drunk driver’s BAC, but there are many possible circumstances that can affect the accuracy of a breathalyser test. Possible DUI defenses include pre-existing medical conditions, respiratory problems and menstrual cycle.
You must request your DMV hearing within 10 days of being arrested for DUI in San Diego. The DMV hearing is a separate process to the DUI criminal court process and is the administrative proceeding regarding your drivers license suspension.
DUI Court Process
The criminal court process deals with the criminal aspect of your DUI case and determines your guilt or innocence of the criminal DUI charge against you, followed by sentencing in a guilty verdict.
Know Your Rights
From the time of your initial contact with the arresting officer through to your arrest and being charged with DUI in San Diego you have certain inalienable rights, such as the right to refuse participation in field sobriety tests and the right to remain silent.
Expungement allows you to remove a DUI conviction from your record after you have served the full sentence and finished your probation period. This can help with applying for jobs and passing certain background checks.