Top 10 legal defense for a San Diego DUI

Are you in a DUI case? It may be stressful, but it’s not the end of the world. Even if you have tested positive for a BAC of 0.08% or more, a good San Diego DUI attorney can still provide the following legal defenses:

1. Illness – acid reflux disease (GERD) or even diabetes can have an affect on blood and breath alcohol count readings.

2. Incorrect Testing – Not all testing equipment will provide 100% accuracy rates. A San Diego DUI lawyer can prove this through statistics and research.

3. No Probable Cause – to get pulled over by the police officer stopping you. If you weren’t committing any sort of traffic offense, then the case may be possibly thrown out.

4. False Identification – For example: another passenger who was drunk exchanges seats with the driver.

5. Authoritative Corruption – the cops or administration have rigged the chemical tests involving blood or urine to read a false positive.

6. Refusal for Independent Testing – offenders have the right to request being released from custody, to conduct chemical tests in a hospital or medical institution. If this is denied by the arresting officer it can sometimes be used as a defense in court.

7. Lack of Evidence – the arrest is made and does not have sufficient evidence. This is sometimes true when a police officer administers field sobriety tests that are not standardized.

8. Residual Alcohol in The Mouth – a dental filling for example can impair negative breath alcohol readings on a breathalyzer.

9. BAC during Driving vs. At the Station – since intoxication can take a while to take effect, if while you were driving, you were not impaired, but absorbed the alcohol while in custody, attorneys can present this argument. Of course, it will have to be proven and the term for this occurring is known as “rising”.

10. Incorrect Procedures – in large part, it must be proven that police officers followed all routine procedures, such as avoiding interrogations, or conducting tests in the required manner.

If someone has been convicted for a San Diego DUI offense, as a misdemeanor or felony, a San Diego DUI Lawyer can appeal the decision if no plea bargains were used in the case.

Ultimately, to get the best legal defense that is relative to your case, an expert San Diego DUI lawyer is necessary. They will go over the details of the arrest, witnesses, testimonies, incriminating evidence and more, to secure the argument that will best work in your favor.

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