San Diego DUI Trial

Driving under the influence (DUI) is a serious offense under California law. It involves operating a vehicle while intoxicated with drugs or alcohol. After an arrest for DUI, the prosecution can file a case against you depending on the statute you violated. The court schedules a trial date when the prosecution has enough evidence against you.

At a DUI trial, the prosecution will present its evidence and witnesses to corroborate its account of events. The trial aims to prove beyond a reasonable doubt that you violated a specific statute under DUI laws. With the help of your lawyer, you can present a defense against the case and cross-examine the witnesses presented by the prosecution.

After assessing the evidence the defense and prosecution presented, the jury will deliberate and give a verdict in your case. Hiring and retaining an attorney will go a long way for you as you navigate a DUI trial in San Diego, CA. If you are in this predicament, you will benefit from our expert legal insight at the Law Offices of Anna R. Yum.

Legal Basis for DUI in California

California DUI laws make it unlawful to operate a vehicle under the influence of drugs, alcohol, or a combination of both. California Vehicle Code 23152 is the primary statute that governs DUI offenses.

The statute outlines several scenarios under which a driver may be charged with a DUI offense. The two most commonly cited provisions are:

• VC 23152(a). The statute makes it unlawful for a person to operate a vehicle while under the influence of alcohol. It focuses on the driver’s actual impairment.
• VC 23152(b). The statute makes driving illegal for someone with a 0.08% or higher BAC. Exceeding the BAC will attract an arrest and criminal charges even if the driver is not impaired.

Other types of impairment include:

• VC 23152(f). The statute prohibits driving under the influence of drugs. The drugs include illegal narcotics and certain prescription medications.
• VC 23152(g). It makes it unlawful to drive while under the combined influence of alcohol and drugs.

For specific categories of drivers, stricter BAC limits apply. They include:

• Commercial drivers. California holds commercial drivers to high standards. The legal blood alcohol content limit for drivers operating on a commercial license is 0.04%.
• Underage drivers. California has a zero tolerance for underage drinking and driving. For this reason, drivers under 21 years may not drive with any measurable BAC over 0.01%.

Vehicle Code 23612 is California’s implied consent law. It states that by accepting the privilege of driving, individuals agree to submit to chemical testing after a DUI arrest. Refusing to undergo testing can result in severe administrative penalties, including a one-year driver’s license suspension.

DUI Arrest and Pretrial Proceedings

A DUI criminal case begins with a traffic stop. A law enforcement officer can stop your vehicle at a DUI checkpoint or on suspicion of DUI. Common reasons for a DUI stop could include:

• Swerving or erratic driving
• Speeding or reckless behavior
• Equipment violations, such as a broken taillight

After stopping your vehicle, the officer will assess your physical appearance, behavior, and speech patterns. If the officer suspects that you are intoxicated, they will perform a field sobriety test and a breathalyzer test. The results of a breathalyzer test will create or eliminate a probable cause for an arrest.

Arrest and Booking

If the officer establishes probable cause, they will arrest you and take you to a police station. A blood test is done at the station to confirm your blood alcohol content. The results of the BAC test are critical during the DUI trial. After the blood test, you will undergo the booking process, which involves photographing and fingerprinting.

After booking, you can secure a release on your recognizance or through bail. With a bail release, you present a certain amount of money or property to the court in exchange for a release pending trial. If you are a first-time offender, you can seek a release on your recognizance. It means that you will not post bail. Instead, you promise to return for the trial.

DMV Hearing

Before your trial for driving under the influence of alcohol in California, you must attend a DMV hearing. The hearing aims to contest the suspension of your driver’s license by the Department of Motor Vehicles.

You have up to 10 days after an arrest to schedule and attend the DMV hearing. Unlike a criminal trial, the DMV hearing is a civil proceeding held at the DMV offices. The DMV hearing focuses on:

• Whether the officer had reasonable cause to stop you
• Whether the arrest was lawful
• Whether you exceeded the BAC limit

You can avoid the license suspension by prevailing at the DMV hearing. An essential part of attending the DMV hearing is that you can glimpse the evidence the prosecution seeks to present in your trial. Therefore, you can use the information to build a defense.

The Criminal DUI Court Process

The arraignment is your first court appearance. The prosecutor will read your formal DUI charges at the arraignment, and you can enter a plea. If you plead not guilty, the case proceeds to pretrial motions and potentially a trial.

Pretrial motions allow the prosecution and defense to file legal motions and negotiate a resolution. Common defense motions for a DUI trial include:

• Motion to suppress evidence
• Discovery motions to obtain police reports, bodycam, and dashcam footage
• Pitchess motion to uncover potential police misconduct

Sometimes, you can negotiate a plea deal with the prosecution before trial. Plea bargaining may result in:

• A reduced charge, such as “wet reckless ”
• Participation in a DUI diversion program
• Reduced penalties, including lower fines or reduced jail time

DUI Trial in California

Your DUI case proceeds to trial if you do not enter a plea agreement. California criminal cases can undergo a bench or jury trial. In a bench trial, a judge reviews the case and decides whether you are guilty or not guilty. However, most DUI cases that go to trial are heard before a jury. The trial process involves several distinct phases, including:

Jury Selection

The trial begins with selecting a jury. During this stage, the prosecution and the defense question a pool of potential jurors. The goal is to identify and exclude individuals with biases that could affect their judgment.

Opening Statements

After selecting and swearing in the jury, the trial moves on to opening statements. This is the first opportunity for each side to present an overview of their case to the jury. The prosecution goes first. It lays out the evidence they believe will prove you were driving under the influence.

The defense follows with its statement, providing a general outline of its strategy. During the opening remarks, your defense attorney can also highlight weaknesses in the prosecution’s case. These statements are not evidence. Instead, they serve as a roadmap for the trial ahead.

Evidence Presentation in a DUI Trial

After the opening statements in your DUI trial, the prosecution will present its case. Depending on your specific DUI charge, the prosecution must prove all the elements beyond a reasonable doubt. To support these elements, the trial will present critical evidence suggesting that you violated the statute.

DUI trials rely heavily on direct and circumstantial evidence to determine whether you were driving while intoxicated. The key pieces of evidence presented in your DUI trial include:

Police Officer Testimony

The arresting officer’s testimony is a critical piece of evidence in a DUI trial. Officers have adequate training to recognize signs of impairment, which include:

• Slurred speech
• Bloodshot eyes
• The smell of alcohol
• Erratic driving behavior

During the trial, the officer may recount the events leading up to the traffic stop. Their observations of your behavior before and during the roadside investigation. Their testimony helps the jury form a narrative about the defendant’s level of impairment. For example, an officer might testify that they saw you:

• Swerving between lanes
• Violating traffic signals
• Driving without headlights at night

These observations could establish a probable cause for the officer to stop your vehicle for a DUI investigation. Police officers often cite these behaviors in their reports and may present them in court to prove that you were not in control of the vehicle. Prosecutors might introduce surveillance footage, 911 calls, or eyewitness accounts to support claims of erratic driving behavior.

Field Sobriety Test (FST) Results

Field sobriety tests are a series of physical and cognitive tests officers administer during a traffic stop. FSTs help to assess a driver’s level of impairment. Common tests include:

• The Horizontal Gaze Nystagmus (HGN)
• The Walk-and-Turn
• The One-Leg Stand

The National Highway Traffic Safety Administration (NHTSA) standardized these tests, and they are intended to help officers make objective assessments.

During the trial, the arresting officer introduces the results of these tests and their interpretation of your performance. For example, failure to maintain balance during the Walk-and-Turn can indicate impairment.

Breathalyzer or Blood Test Results

Scientific evidence from a chemical test is the most compelling evidence in many DUI cases. The tests administered before and after a DUI arrest include the breathalyzer and the blood test. These tests measure the amount of alcohol or drugs in a person’s system. The chemical tests help determine whether you exceeded the BAC limit.

California DUI laws set legal BAC limits for different drivers. They include:

• 0.08% for drivers operating on a standard license
• 0.04% for commercial drivers
• 0.01% for underage drivers

The prosecution often relies on these results to establish per se DUI. A driver is legally intoxicated if they operate with a BAC that exceeds the specific legal limit. While BAC test results are critical in your DUI case, a defense attorney can challenge their accuracy during trial.

Dashcam or Bodycam Footage

Video evidence from police dashcams can objectively account for the DUI stop. They show your interactions with the arresting officer and the field sobriety tests. The footage can corroborate or contradict the officer’s testimony.

Sometimes, the video may show the driver slurring words or stumbling, which supports the prosecution’s case. It may show that the driver behaved calmly, undermining the officer’s claims. The availability and content of video evidence can influence the outcome of a DUI trial.

Defendant’s Statements and Behavior

The statements you make during a traffic stop and after a DUI arrest can be used against you during trial. For example, if you admit to drinking alcohol before driving, the prosecution can use this admission as evidence in your case. You can avoid making incriminating statements by invoking your right to remain silent during and after a DUI arrest.

Instead, you can only answer simple questions from officers. Immediately after a DUI arrest, you must contact a reliable defense attorney. Your lawyer will guide you in determining the correct information to provide. In addition to verbal statements, the prosecution can present evidence of your behavior during the DUI arrest.

Nervousness, confusion, or hostility may be interpreted as signs of intoxication. However, the defense might argue that such behavior could be due to stress or anxiety instead of impairment.

Witness Testimony

Testimony from witnesses can provide crucial context during a DUI trial. The witnesses could include:

• Passengers
• Bystanders
• Individuals who observed you before driving

For example, the prosecution can call upon a bartender or friend to testify about how much alcohol you consumed before driving home. Alternatively, a witness might testify that you appeared sober or did not show signs of intoxication. The defense may also call expert witnesses to challenge the validity of the evidence presented by the prosecution.

Toxicology Reports

When you face charges for DUI involving drugs, the prosecution will present the results of a toxicology report. The test shows the presence of controlled substances in your system. These tests can detect a wide range of substances, including marijuana, opioids, and benzodiazepines. The prosecution may use the toxicology report to prove your impairment even when there was no alcohol in your system.

Some drugs or controlled substances can remain in the body long after their intoxicating effects have worn off. Therefore, your defense attorney may point out that the mere presence of a drug does not necessarily show impairment.

Witness Cross-Examination at the DUI Trial

Cross-examination is a vital stage in a California DUI trial. During cross-examination, the defense can test the strength and reliability of the prosecution’s case. The process allows the defense to raise reasonable doubt in the prosecutor’s case. Your attorney can question the credibility of witnesses, their observations, and the procedures followed during the arrest. The common areas of cross-examination in a DUI trial include:

Arresting Officer’s Testimony

The prosecution’s primary witness in a DUI case is the arresting officer. During cross-examination, the defense may:

• Question the officer’s training, experience, and memory of events.
• Highlight observations, like bloodshot eyes or slurred speech.
• The attorney can argue that these reactions could result from allergies, fatigue, or stress and not impairment.
• Challenge the interpretation of the defendant’s behavior or demeanor as signs of intoxication.

Field Sobriety Tests (FSTs)

Your defense attorney can challenge the accuracy of the field sobriety tests during the cross-examination. The defense may ask the following questions during the trial:

• Was the FST conducted on even, well-lit surfaces?
• Did the officer provide clear, standardized instructions before administering the tests?
• Could other factors explain your poor performance in the tests?

Chemical Tests

Blood and breathalyzer test results are critical evidence in a DUI trial. Therefore, you can challenge the evidence by cross-examining the technician or officer responsible for their administration. You can focus on:

• Was the breathalyzer properly maintained and calibrated?
• Whether the officer followed the correct procedures during testing.
• Whether the chain of custody for the blood sample was secure
• Was the sample properly stored to avoid contamination?

Civilian Witnesses

The prosecution can present civilian witnesses in your DUI case. These are individuals who may have observed your drunk driving behavior. Your attorney can cross-examine the witnesses and focus on:

• Questioning their opportunity to observe and whether their statements are consistent.
• Exploring possible biases or assumptions influencing their testimony.
• Challenging their ability to determine impairment from limited interaction or observation.

The main goal of cross-examination is not to prove the defendant’s innocence. Instead, it aims at:

• Undermining the credibility of the prosecution’s witnesses and procedures.
• Introducing reasonable doubt, which is enough to prevent a conviction.

Presenting Defenses in a DUI Trial

You can present your defense after the prosecution presents its case and evidence against you in the DUI trial. DUI defenses aim at challenging the prosecutors’ evidence and argument in support of the argument that you did not violate the DUI laws. Common defenses you can present during your DUI trial include:

Improper Traffic Stop

A DUI arrest must begin with a legal traffic stop. Law enforcement must have probable cause to believe you are driving under the influence. Acts like weaving, speeding, or dangerous lane changes can create the probable cause. If the officer stopped you without legal justification, any evidence gathered during that stop may be suppressed.

Inaccurate Field Sobriety Tests (FSTs)

Factors unrelated to intoxication can affect your performance in the field sobriety tests. Your defense attorney may argue that you failed FSTs due to factors like:

• Medical conditions
• Fatigue
• Poor coordination

Rising Blood Alcohol Concentration

You undergo a blood test when you arrive at the police station for a long DUI arrest. Your BAC can rise further and exceed the legal limit during this time. The rising BAC defense argues that your BAC was within the limit but rose by the time you underwent the test. The defense often involves expert testimony to explain alcohol metabolism.

Illegal Search and Seizure

Even when you are suspected of committing a DUI offense, you have constitutional rights that law enforcement must respect. Unlawful search and seizure is a common constitutional violation. If the officers searched your vehicle without a warrant, you can petition the court to exclude the evidence collected from your case.

Faulty Breathalyzer Results

Traffic officers must ensure that breathalyzer devices are correctly calibrated and well-maintained to yield accurate results. A DUI defense may focus on technical flaws with the breath test machine or operator errors. Additionally, substances like mouthwash and acid reflux can give false positives. Defense attorneys may subpoena calibration records or question the officer’s certification.

No Proof of Driving or Operation

The prosecution must prove that you were driving or operating the vehicle. Sitting in the driver’s seat of a stationary vehicle does not constitute DUI. You can avoid a conviction by arguing that you were not driving. The outcome often depends on:

• Where the vehicle was found
• Whether the keys were in the ignition
• The driver’s location in the vehicle
• Statements you made to the police

The defense is practical if there’s no witness or direct evidence that the vehicle was in motion.

Closing Statements

The prosecution and defense give a final summary of the case during closing arguments. The prosecution aims to strengthen evidence that establishes your guilt beyond a reasonable doubt. On the other hand, the defense draws attention to any contradictions or missing proof.

Jury Deliberation and Verdict

After closing arguments, the jury retreats to a private room to deliberate on the case. Jurors must reach a unanimous decision to convict you. The judge may declare a mistrial if jurors cannot agree on a verdict. In such cases, the prosecution can choose to retry the case later.

Find a Competent DUI Defense Attorney Near Me

California law is stringent on individuals who operate vehicles while intoxicated. After an arrest and booking, the prosecution files criminal charges against you. The court will then schedule a trial where the prosecution tries to prove your guilt under the specific statute.

You can present a defense against your case during the trial to avoid a conviction. Additionally, you can cross-examine the witnesses presented by the prosecution and create a reasonable doubt in the case. A strong DUI defense hinges on identifying mistakes by law enforcement and challenging the reliability of the chemical test results.

At the Law Offices of Anna R. Yum, we understand the impact of a criminal conviction on your freedom and life. Our skilled DUI lawyers will offer expert legal insight to navigate and prevail in your DUI trial in San Diego, CA. Call us at 619-493-3461 and allow us to guide you through securing a favorable case outcome.