In order to be convicted of a San Diego DUI, it must be shown that you were driving, for starters. The burden is also on San Diego DUI attorney prosecutor to show that the San Diego DUI officer had a reasonable, articulable suspicion for stopping or approaching the vehicle. If you were stopped at a San Diego DUI roadblock, the San Diego DUI lawyer prosecutor must show that the roadblock was set up in accordance with the Fourth Amendment to the U.S. Constitution. These San Diego DUI issues are complex.
San Diego DUI lawyers who only handle the occasional San Diego DUI will not be aware of the latest cases that affect your San Diego DUI rights.
The next step in a San Diego DUI case is the officer’s roadside determination that there is probable cause to arrest you for San Diego DUI. The San Diego DUI attorney prosecutor must show that you were impaired and it is likely that you were a less safe driver as a result of drinking alcohol. Many San Diego DUI cases involve the use of San Diego DUI field sobriety tests.
These San Diego DUItests can help a San Diego DUI officer make up his mind about whether you should be arrested for a San Diego DUI or bolster his previously formed opinion that you are San Diego DUI.
After you are arrested, the San Diego DUI officer MUST read at the time of arrest the correct Implied Consent warnings.
These warnings must be read in substantial compliance with the San Diego DUI statute. You do not have the right to have a San Diego DUI attorney present at this point in time.
In most San Diego DUI cases, the final step in the case is the State administered San Diego DUI test or lack of a San Diego DUI test. If a San Diego DUI test is given, the San Diego DUI attorney prosecutor must prove that the San Diego DUI test was done properly, the operator qualified, and the San Diego DUI machine was working properly, among other things.