San Diego DUI defense attorney, do I need one? One of the most common offenses in our country today is Driving Under the Influence of alcohol, more commonly known as DUI or “drunk driving”. Depending on whether there were any serious injuries and what kind of record you have, a DUI charge will either be classified as a misdemeanor or a felony DUI.
Hire a San Diego DUI Defense Attorney to clear your record!
A DUI charge is one of the most difficult to defend, as it is one of the only crimes that are not afforded the constitutional safeguards that we have come to know and appreciate. The scientific, evidentiary and procedural processes of a DUI defense has become complex over the years, due to the continuous lowering of the “legal limit” and placing harsher penalties on individuals charged and convicted with a DUI. You need to hire an experienced San Diego DUI defense attorney, who will aggressively defend your case.
The most noticeable change to the DUI laws was the inclusion of the per se law. The per se law essentially states that it does not matter whether you were impaired, drunk or under the influence. Its judgment relies on whether your chemical test was above that magical number. In San Diego, when a driver has a bodily alcohol content (BAC) of .08 or higher, they are presumed to be drunk or under the influence. This makes the prosecution’s job a lot easier as they now only rely upon the “science” of the test and not on whether you were truly intoxicated. Experienced San Diego DUI defense attorney will be able to create the right strategy, based on all these facts.
Field sobriety tests
When you are arrested in San Diego for a DUI, you have the right to refuse to take the field sobriety tests and the breath test that the police ask you take in their field investigation. However, if you refuse the field investigation you will be required, by California law to take a blood or breath test when you are arrested and brought to the police station.
The advantage of taking the blood test is that the breath specimens are never preserved, whereas blood specimens are preserved and then can be retested for any number of purposes (which we’ll explain later).
It is in your best interest to refuse to perform the field sobriety tests. The majority of police officers are looking for any possible imperfection or flaw to help them in writing their arrest report. They have the tendency to grossly exaggerate any inadequacy and fault they may have observed during the time of the arrest.
Here are some important questions you should ask yourself, if you find yourself arrested on a “drunk driving” charge:
– When arrested, were your 4th amendment rights violated due to unreasonable search and seizure?
– Before you were questioned, were you explained, by the arresting officer, your right to be silent?
– Did the police officer follow the proper chain of custody for any seized evidence?
If you have answered “yes” to any of the above then there’s a good chance that you have a case. Hire a San Diego DUI defense attorney to help you get your DUI charge cleared.
When you are charged with a felony DUI or misdemeanor, it is in your best interest to hire the best representation possible. Your attorney needs to have considerable experience in the trying of “drunk driving” cases before a court. This ensures that your DUI Defense lawyer understands how to distinguish whether a case is one you can win at trial or a marginal case which you will undoubtedly lose.
A well-trained San Diego DUI defense attorney will understand and be certified in the operation and functionality of the machine used to test your breath. They will know how to attack the validity of its results, exploit issues and investigate every test result. Your lawyer will know how to use special experts, eyewitnesses to support your defense, and effectively cross-examine the arresting officer and any experts the prosecution uses at trial.
Lastly, your San Diego DUI defense attorney, should have extensive knowledge about DMV (Department of Motor Vehicle) hearings. It is a requirement in California law that the DMV suspend your license if your blood alcohol result is 0.08% or higher and the arresting officer had reasonable cause to stop you.
After your arrest, it is extremely important to consult an experienced San Diego DUI defense attorney. Your DUI lawyer can then take immediate steps to preserve your right to a fair DMV hearing and be able to prepare a comprehensive defense against your San Diego DUI charges.
Timeline is 10 days
And remember, you have ONLY 10 days to request a San Diego DMV hearing after your arrest!
Don’t trust your driving record and freedom of movement to an unexperienced attorney. Wagner’s Law Firm will give you best representation possible and will prepare a winning DUI defense strategy just for you! We’ve won hundreds of cases, yours is next!
If you have been charged with a DUI in San Diego County – don’t delay! Call our office today for a free DUI consultation!