San Diego DUI Criminal Defense Attorney Q. and A.
May 12, 2008
Do I have a choice of a San Diego California DUI chemical tests?
Yes. When a person is arrested in San Diego California for a San Diego DUI, he or she is supposed to be given a choice of a breath or a blood test. The San Diego officer is required by law to perform the San Diego DUI test one chooses.
Can I represent myself? What can a San Diego DUI attorney do for me?
You cannot really competently represent yourself in these extremely complicated cases(except in very unusual circumstances and only upon special application and sufficiently supported by a working knowledge of San Diego DUI law).
Why? Because: “A person who represents himself or herself has a fool for a lawyer.”
San Diego DUI a specialized area of law with increasingly harsh San Diego California DUI consequences. There are many complex procedural, evidentiary, constitutional, sentencing and administrative license San Diego DUI issues.
An experienced San Diego DUI attorney can review the case for San Diego California DUI defects, suppress San Diego California DUI evidence, compel discovery of such San Diego DUI items as calibration / maintenance records for the San Diego DUI breath machine, negotiate for a lesser charge or reduced sentence, obtain expert witnesses for any San Diego DUI trial, contest the DMV administrative per se license suspension, and otherwise challenge one’s San Diego DUI case in many possible ways.
San Diego DUI cases are different so it’s important that San Diego residents contact a San Diego DUI attorney as soon as possible.
What is “mouth alcohol”?
“Mouth alcohol” refers to the existence of any alcohol in the mouth or esophagus area. If mouth alcohol is present during a California DUI breath test, then the San Diego California DUI results will be falsely high.
Mouth alcohol can be created or caused in many ways: Regurgitation of Gas, belching, burping, hiccuping, re-ingestion of alcohol, or vomiting within 15 minutes before taking the San Diego DUI test could bring contaminated vapor from alcoholic beverages still in the stomach up into the mouth and/or throat area. Dental bridges and dental caps may trap alcohol. Chewing tobacco or gum may trap tiny or micro particles of alcohol. see http://www.sandiegodrunkdrivingattorney.net/Things-other-than-alcohol.html A chronic “reflux” condition from gastric disorder or a hiatal hernia may cause elevated San Diego DUI BAC readings.
What possible defenses are there in San Diego DUI & DMV cases?
Possible San Diego DUI / DMV defenses in a given San Diego drunk driving case are almost limitless due to the complexities of the offense and must be determined only by one’s experienced California DUI / DMV defense attorney.
San Diego DUI / DMV defenses may include but are not limited to the following:
1. Driving Issues: Impairment is insufficient. The San Diego DUI attorney prosecutor must also prove that the person was actually driving. This may be difficult in may cases including but not limited to accidents when the San Diego drunk driving officer arrives after driving has completed, there are no witnesses as to who was the driver of the vehicle, e.g.
2. Lack of Probable Cause: San Diego DUI evidence will be suppressed if the San Diego DUI officer did not have legal and sufficient/competent factual cause to (a) stop or contact, (b) detain, and/or (c) arrest.
3. San Diego Drunk Driving Breath Test Defenses
4. San Diego Drunk Driving Blood Test Defenses
5. San Diego DMV Defenses
6. Other San Diego DUI Defenses
What are San Diego DUI police looking for when fishing for drunk drivers on San Diego’s roads?
Always drive carefully. Stay off the cell phone. Leave the CD player alone.
The following is a list of purported signs or pseudo-“symptoms” (in descending order of purported probability) that the person observed is driving while intoxicated. The list is based upon research conducted by the National Highway Traffic Administration:
1. Turning with a wide radius
2. Straddling center of lane marker
3. “Appearing to be drunk”
4. Almost striking object or vehicle
6. Driving on other than designated highway
8. Speed more than 10 mph below limit
9. Stopping without cause in traffic lane
10. Following too closely
12. Tires on center or lane marker
13. Braking erratically
14. Driving into opposing or crossing traffic
15. Signaling inconsistent with driving actions
16. Slow response to traffic signals
17. Stopping inappropriately (other than in lane)
18. Turning abruptly or illegally
19. Accelerating or decelerating rapidly
20. Headlights off
While speeding is not a symptom of a San Diego DUI, it leads to many traffic stops and may result in a San Diego DUI case. Many San Diego Drunk Driving officers, however, note that they will only stop you for speeding if you are ten or more miles per hour over the posted limit. Most San Diego DUI reports so note.
If you have been arrested for drunk driving in San Diego, you have a chance to complete a report while it’s fresh in your mind today at www.SanDiegoDrunkDrivingAttorney.net/survey.