San Diego DUI Criminal Attorney
In San Diego California, all DUI cases start out with a contact between the driver of a motor vehicle and a San Diego DUI police officer.
While the San Diego California DUI police have the right to approach and speak with any citizen, they do not have the right to detain and investigate a citizen unless they have “probable cause”. Probable cause is the legal reason a San Diego California DUI officer needs to detain and investigate. If the San Diego California DUI criminal defense attorney can show to the judge or DMV that the San Diego California DUI officer did not have probable cause, the San Diego California DUI or San Diego California DMV case can be dismissed.
Most San Diego California DUI detentions begin with the officer pulling over a driver who has committed a San Diego California vehicle code infraction. The common reasons alleged by the San Diego California DUI police are based on poor driving – speeding, weaving within or outside the lane, running of a stop sign or red light. However, faulty equipment (head light, tail light, muffler) or expired registration will provide the necessary reason to pull a driver over.
A San Diego California driver involved in an accident or in a car blocking the roadway may also give the San Diego California DUI officer the right to detain and investigate.
It is therefore important to discuss with the San Diego California Drunk Driving Criminal Defense Lawyer the manner of driving. If the San Diego California DUI driver was acting legally, or if the San Diego California Drunk Driving officer did not see the driver actually operate the vehicle, the San Diego California Drunk Driving case may be dismissed.
Not only does the San Diego California DUI officer need probable cause to detain and investigate, there must also be a legal reason to arrest. The San Diego California DUI officer will normally make his decision to arrest based on three factors: his San Diego California DUI driving observations, the San Diego California DUI field sobriety tests, and the objective symptoms of alcohol, if any.
Then a San Diego California DUI breath test or blood test will be administered. Your San Diego California Drunk Driving Criminal Defense Attorney must carefully examine all of this evidence.