The consequences of a DUI conviction in California, whether misdemeanor or felony, are very grave. In addition to a lengthy prison or jail sentence and a hefty court fine, you still face a driver’s license suspension and a damaged criminal record that could affect all aspects of your life even after completing your sentence. Some DUI convictions leave you without driving privileges for years. Others result in the compounding of your vehicle. This will affect you if you rely so much on your car to go to work or school or run errands. The good news is that you can fight your DUI charges during your trial with the best defense strategies and with the assistance of a skilled criminal defense attorney.
At the Law Offices of Anna R. Yum, we know how damaging the consequences of a DUI conviction are. We can review your case and the evidence against you to develop the best defense for your charges. Our skills and experience can compel the court to reduce or drop your DUI charges.
An Overview of DUI Laws in San Diego
DUI defense is critical for anyone facing DUI charges. Prosecutors file DUI charges against anyone found guilty of operating a vehicle while intoxicated. Under California law, you will face DUI charges if you are caught driving while under the influence of alcohol or drugs or with a blood-alcohol concentration of 0.08% or higher. DUI per se laws are different for different drivers. For example, an ordinary driver is guilty of DUI if their BAC is 0.08% or higher. A commercial driver is guilty of DUI if their BAC level is 0.04% or higher. An underage driver below 21 is guilty of DUI if they have even the slightest amount of alcohol in their system.
DUI is a priorable offense. This means your penalties for a DUI conviction also depend on the number of prior DUI convictions in your record within ten years. For example, although a first DUI is grave, the second and subsequent DUIs are graver regarding the penalties you will receive after a conviction. The first three DUIs in your record are charged as misdemeanors, but the fourth and subsequent DUIs within ten years are prosecuted as felonies. A DUI with injury, property damage, or death is also a felony. A felony DUI conviction carries even more severe penalties. In addition to a lengthy prison sentence, the DMV can revoke your driver’s license. This takes away your ability to drive permanently.
With these and many other grave consequences of a DUI conviction, you want to work on your defense to avoid a conviction or to receive a lenient penalty after a conviction. Fortunately, this is possible. The law allows criminal defense attorneys to use various defense strategies to trigger a favorable outcome in their client’s cases. However, you must work with a skilled, experienced defense attorney to enjoy effective defense. You must also engage an attorney after your arrest to allow them time to investigate the matter and gather evidence. With proper defense, you can avoid a prison or jail sentence, a harsh criminal record, and keep your license.
The Best DUI Defense Strategies
Although you can legally defend and represent yourself during a DUI-related trial, hiring a skilled criminal defense attorney is advisable. A DUI charge is serious because of the risk it puts road users in and the likely consequences if you cause an accident while driving while intoxicated. California criminal judges always rule harshly in DUI cases and can give you hefty penalties even for a misdemeanor conviction. An attorney benefits you in many ways, including legal representation during the trial and defense. An attorney also supports and guides you through the complex legal process until you are happy with your case’s outcome.
Here are some of the best defense strategies that can benefit your DUI case today:
You Were Only Driving Badly and Not While Intoxicated
The police need a reason to stop and investigate a motorist for a DUI. They often investigate motorists driving carelessly, erratically, or violating traffic rules. Your arrest would be illegal if an officer stopped and arrested you for a DUI without a proper reason. Even though lousy driving can occur due to intoxication, an officer must conduct further investigation before charging you with a DUI.
If the sole reason the officer stopped and arrested you for a DUI was because you were driving badly, you can use this defense strategy. This can work if there is no other evidence that you were intoxicated. The officer could have assumed that you were intoxicated based on your erratic or careless driving. If they took a BAC level test and the level was below 0.08%, this, too, can work in your favor.
An aggressive defense attorney can quickly fight your DUI charge if you were only driving badly and not driving while intoxicated. Reckless or erratic driving is only an infraction in California, punishable by a fine. The consequences are more lenient than what you would receive after a DUI conviction.
Additionally, the prosecutor bears the burden of proof in criminal cases. This means they have to prove beyond a reasonable doubt that you were operating a vehicle while intoxicated. If you were not drunk, the prosecutor cannot prove the case beyond a reasonable doubt, and the judge will dismiss your DUI charge.
The Officer Did Not Have Probable Cause for a DUI Arrest
Legal arrests occur when the police have probable cause for it. In DUI cases, an officer can stop, investigate you, and arrest you for a DUI if your driving appears impaired or if you commit a traffic infraction. Your driving can appear impaired when you speed, drive carelessly, or erratically. The officer must document the probable cause for your arrest in their report as part of their legal requirements.
If you believe that the officer stopped you randomly and investigated you for a DUI without a particular reason, your attorney can use this defense to fight your arrest. Without probable cause for an arrest, the judge can term the entire arrest illegal and dismiss any evidence the officer will have collected after the arrest. This will likely leave the prosecutor without evidence to support your charges.
If you were arrested at a DUI checkpoint, an officer has probable cause if they followed predetermined criteria for that particular DUI checkpoint. If this does not happen, you can use this defense to obtain a favorable outcome.
Your Signs of Intoxication Were False
Another reason why the police arrest and charge motorists for DUI is because they exhibit signs of intoxication. This can happen when an officer investigates you for a DUI after a traffic infraction or at a DUI checkpoint. The police are usually trained to look out for some indications of intoxication, such as red-watery eyes, droopy eyelids, sweating, disheveled clothing, and the smell of alcohol from a driver’s breath. Some behaviors, like lack of focus or balance when standing, can be a sure indication of intoxication.
However, you can exhibit most of these signs even without being high on alcohol or drugs. Some people react this way when sick, on medication, stressed, or tired. You could look disheveled after a long day at work. Your eyes could appear reddish and watery if you are exhausted or sick. Some medications will make your eyes droopy. Some people sweat a lot when under stress or anxiety. This could be your first reaction when an officer pulls you over. This does not mean you are intoxicated and should not result in DUI charges.
An aggressive attorney will challenge the prosecutor’s evidence with facts to make it difficult for them to prove the case beyond a reasonable doubt during the trial. They can also introduce evidence to counter the allegations or bring in an expert witness to testify in your favor. If this works, the judge will dismiss your charges.
The Field Sobriety Tests Were Inaccurate
The police do not quickly arrest and charge motorists they suspect of driving under the influence of drugs or alcohol. They conduct some tests to verify their suspicions and gather evidence they could use during the trial to support the charges. Typically, they start with field sobriety tests. The police conduct these by the roadside after pulling you over for a traffic infraction or at a DUI checkpoint. After asking you a few questions and recording their observation, the officer can ask you to step out of the vehicle for a few tests.
A poor performance in these tests is usually taken as an indication of intoxication. However, you can perform poorly for so many other reasons. For example, if you are fatigued, have a problem with your nerves, have flat feet, or are poorly dressed. Some people have poor coordination naturally. Other people are bound to perform poorly when they are nervous, which is likely if the presence of a police officer intimidates them.
Your attorney can prepare an argument in your favor and present evidence to prove that your field sobriety test results were inaccurate since you were not driving under the influence. They can bring in an eyewitness or an expert witness to support their argument. This will compel the judge to dismiss your charges.
Your BAC Results Were a False Positive
Remember that the prosecutor can file DUI charges against you if you were driving while under the influence of alcohol or drugs or with a higher than standard BAC. Suppose the police suspect you of driving under the influence, and they arrest you after investigating the same. In that case, they can request you to undergo a blood or breath test to determine your blood-alcohol concentration level. Remember that this level should be below 0.08% or less for ordinary drivers and 0.04% for commercial drivers. Prosecutors use BAC test results as irrefutable evidence to obtain a conviction during a DUI trial.
If you believe your BAC results are inaccurate, your attorney can raise this defense with evidence to push for a case dismissal. So many factors can result in a false-positive BAC, including some non-alcoholic drinks, medication, and substances like alcohol-based mouthwashes or mouth sprays. If you use a breathalyzer after using any of these substances, you will likely receive a positive BAC result, even if there is no alcohol in your system. If the officers only rely on breath test results, this defense can work in your favor.
A false positive could also be due to something you consumed right before the police stopped you. Some acidic or fermented foods can trigger a positive BAC result even in the absence of alcohol in your system. A skilled attorney will have this knowledge and can use it to fight your charges.
The Officer Violated Title-17 Requirements
Title 17 of the California Constitution provides guidelines by which DUI-related blood and breath tests must be conducted. Some of the requirements the police must adhere to include the following:
- Allowing a motorist a 15-minute observation period before running a test for accuracy and reliability. During this period, the officer must observe the motorist’s actions for anything that can contaminate the test sample, like burping, vomiting, eating, or drinking. Some actions can raise the defendant’s BAC levels, resulting in unreliable evidence.
- Ensuring that the personnel conducting the tests are fully trained. Not all police officers are authorized to run breath tests for BAC levels. An officer must be fully trained to handle a breathalyzer.
- Ensuring that the tests are appropriately administered through the authorized procedures
- Ensuring that the equipment used in the tests is appropriately calibrated and well-maintained
- Ensuring that the breath or blood sample is properly collected, handled, and stored.
A skilled criminal defense attorney will investigate each regulation to ensure the police do not violate them. If a violation occurs, the attorney can challenge the evidence collected and push for dismissing your DUI charges or a more lenient charge.
For example, suppose the arresting officer did not allow you the much-needed 15-minute period before administering the test. In that case, your attorney can fight the evidence and compel the judge to dismiss your charge for insufficient evidence to obtain a conviction.
If there is evidence that the officer administering the test was not adequately trained to handle the breathalyzer, your attorney can argue that the results are unreliable and cannot be used to convict you.
Also, if there is evidence that the breathalyzer was dysfunctional or not correctly calibrated, the judge can dismiss your charges based on unreliable BAC results.
Remember that the prosecutor bears the burden of proof in cases like these. If the BAC results were the prosecutor’s most substantial evidence, they would not obtain a conviction if the judge threw the results out.
Your BAC Level Was Rising, Giving a False Result
Criminal judges also consider rising BAC when determining DUI-related cases to avoid wrongful convictions. A rising BAC occurs when a person’s blood alcohol rises gradually after consuming an alcoholic beverage and then lowers after attaining a peak level. This mainly depends on the amount and type of alcoholic beverage consumed. A person who takes a single drink can register a higher BAC than they should at some point before the level reduces. If you are stopped and tested by the police about 50 minutes after consuming an alcoholic beverage, you will likely register a higher BAC than you should because of a rising BAC.
Thus, if you face DUI charges after consuming a small amount of alcohol and are not impaired by the alcohol in your system, your attorney can use this defense strategy. If they have irrefutable evidence that you did not consume enough alcohol to increase your BAC level as registered by the breathalyzer, the judge can dismiss your charges.
Finding the Right DUI Defense Attorney
Even with the best defense strategies, you need the right attorney to use the strategy to obtain a favorable outcome in your case. Remember how life-changing a DUI conviction can be. The right attorney will fight until you are happy with your case’s outcome. They will also appeal your case and present exceptional defense strategies to avoid the severe consequences of a conviction. However, all this starts with finding the right attorney. Here are some of the ways you can achieve this:
Asking for Recommendations
A recommendation will likely give you the right attorney or law firm to work with after your DUI arrest. You can ask your family, friends, or colleagues for a DUI defense attorney who could represent you in court and help with your defense. People who have used the services of an exceptional attorney in the past will likely give you a reliable recommendation. However, you must ensure the recommendation meets your needs before hiring them.
Conduct an Online Search
The internet is also an excellent place to start when looking for a skilled criminal defense attorney. Most criminal attorneys and law firms today have an online presence from which they market their services or connect with their clients. Search through legal directories for an attorney who handles DUI cases like yours. Check lawyer websites, too, and review some of the attorneys you consider. You can narrow your search to a specific practice area and your location. Bar association listings are also an excellent place to search when doing an online search. Ensure you read through client testimonials to understand the kinds of services you will receive if you hire a particular attorney or law firm.
Focus on the Attorney’s DUI Expertise
The best attorney for your defense should have the right skills and experience in DUI defense. An experienced attorney will know best how to handle your case and the right strategies to obtain a favorable result. Thus, choose an attorney who lists DUI as one of their primary practice areas. They must also have lengthy experience handling DUI cases. Consider how many DUI cases they have won to determine their proficiency. If you cannot find this information on their website, contact them for more details before engaging them.
Evaluate an Attorney’s Qualifications
An attorney’s qualifications determine how well they can handle a particular case. Thus, find out the level of training your prospective attorney has and their track record of performance. Much of this information can be found online today, where attorneys and law firms list their qualifications to make decision-making easy for clients. Consider an attorney’s knowledge of the regulations within your jurisdiction. This will improve your chances of success during the trial.
Additional Considerations
When looking for an attorney, there are other considerations you should make for better decision-making.
For example, you should hire an attorney as early as possible in the legal process. Legal experts advise hiring an attorney immediately after your DUI arrest. This allows them enough time to familiarize themselves with your case, gather evidence, and develop a solid defense for your charges. You should also familiarize yourself with your rights. Your attorney will ensure you know your rights, regardless of the gravity of your DUI charges.
You should consider the cost of legal services, too. An expensive service does not automatically mean it is good. Some attorneys overcharge their services. Others have hidden charges that increase your overall fee considerably. Discuss the cost matter before signing an agreement.
Find Competent DUI Defense Near Me
DUI defense is critical when you face DUI charges in San Diego. A conviction for a DUI results in imprisonment, a hefty court fine, suspension or revocation of your driver’s license, and other life-changing consequences. A proper defense can compel the judge to be lenient during sentencing or to dismiss your charges altogether.
We come highly recommended at the Law Offices of Anna R. Yum for reliable, affordable, and timely DUI defense. Our attorneys are highly trained and experienced in handling various DUI cases. We also have an in-depth understanding of local, state, and federal DUI laws. We can help you understand your charges’s legal implications, options, and the best defense for a reasonable outcome. Call us at (619) 233-4433 for more information about our services and your case.
