Your DUI Defense Lawyers
DUI lawyer. It may seem like DUI cases are open and shut. After all, there is a breathalyzer or blood test that proves your guilt. You may feel resigned to large fines, license suspension, alcohol classes, and living with a criminal record that can affect your career and your life.
Experienced DUI Defense lawyers know how to change all that. The lawyers at My Criminal Defense know that police make mistakes, chemical tests are imperfect and certain medications and medical conditions can result in inflated BAC readings. We use these facts to your advantage, turning the tables on the prosecutors and police, putting them on the defense.
What is Driving Under the Influence?
California Vehicle Code § 23152(a) states that It is illegal to operate a motor vehicle in California with a blood alcohol concentration (BAC) of .08% or higher. Additionally, VC § 23152(b) makes it is illegal to drive a vehicle while under the influence.
What must the prosecution prove to convict someone of Driving Under the Influence?
- You drove a motor vehicle, and you were physically under the influence of alcohol and/or drugs at the time you drove.
- You drove a motor vehicle, and at the time you drove, you had a 0.08% or more BAC
The results of the breath or blood test performed on the suspect, along with the suspect’s criminal history and whether there were any injuries or fatalities will determine the seriousness of the DUI charges. It is important to know that while you may have gotten a reading on a test over the legal limit of 0.08%, you can still successfully be defended against DUI charges.
My Criminal Defense is made up of experienced San Diego DUI attorneys who are aware of the inaccuracies inherent in breath and blood tests. With our experience and knowledge of how to defend DUI cases, we can prepare a winning defense strategy. If you are facing DUI charges, contact My Criminal Defense today so that he can prepare a winning defense strategy for you!
A pre-file defense will be prepared by your attorney and will employ a unique defense strategy developed for your individual case. This strategy will involve investigations and preparing a presentation for the Prosecutor to be presented before the Prosecutor has made a decision to file charges. The goal of the pre-file defense is to convince the Prosecutor that there is a complete defense to the DUI allegations. Prosecutors can decide not to even file a case against you in court, leaving a clean criminal record.
In the event, the Prosecutor does file Driving Under the Influence charges against you, your attorney’s swift actions to collect evidence of a strong defense will enable your attorney to try to get the charges dismissed. Additional investigation may commence by our team of experienced criminal defense attorneys in order to prove your innocence and get your charges dismissed before trial.
In the event, the Prosecutor is unreasonable or fails to dismiss the Driving Under the Influence charges, your attorney has prepared a rock-solid defense which will enable him to go to trial with a winning hand.
The illegal BAC limit of .08% or greater applies only while operating a motor vehicle, not at the time of testing. Blood alcohol concentrations from the same amount of alcohol can vary from person to person depending upon height, weight and the person’s natural ability to metabolize alcohol. Blood alcohol concentration has been shown to gradually rise to a peak concentration and then start falling back to normal.
Since the body is constantly either absorbing or eliminating the alcohol it is very difficult to accurately measure the blood alcohol level of a driver while driving. When stopped for suspicion of DUI, the blood alcohol concentration may not be tested for 30 minutes in which time it could have risen to illegal levels although it was not illegal while the suspect was driving. This is called “Rising Blood Alcohol Defense.”
Contact your San Diego DUI defense attorneys today if you have been arrested for DUI. Your breath or blood test needs to be examined by an experienced DUI attorney and forensic alcohol analyst expert right away! This defense strategy will often discourage the prosecution and can lead to the dismissal of DUI charges!
Some signs that officers look for that may indicate a person is driving under the influence include:
– Confused speech
– Giving loud answers
– Difficulty balancing
– Bloodshot eyes
– Strong alcohol odor on the breath
– Difficulty keeping the facts straight
While these signs may indeed indicate driving under the influence of alcohol or drugs, there may also be other reasonable explanations for the behavior. For certain field tests like the one leg stand and the walk and turn, the National Highway Transportation and Safety Administration (NHTSA) admits that up to 35% of sober and drug-free people fail the test.
Consult an experienced California DUI attorney right away if you have been arrested for a DUI. Don’t assume you are guilty. We understand the weaknesses in field sobriety tests and will use their skill and experience to build a strong and successful defense for you!
It is important to hire a San Diego attorney experienced in defending DUI cases. DUI charges can lead to license suspension, probation, hefty fines and jail time depending on how many prior convictions you may have had. Your attorney should be aware of how to attack and discredit breathalyzer and field sobriety tests. Attorneys at My Criminal Defense have successfully defended hundreds of people with their DUI charges over the last 27 years. Our San Diego DUI Attorneys will evaluate your case honestly and prepare a winning defense strategy for you!
Don’t assume you are guilty! Contact us for a free case evaluation.