Know Your DUI Defense Options

Aggressive Defense from a Top San Diego DUI Lawyer

Attorney Mark R. De Yoe

When facing DUI charges in San Diego, many people fail to explore all of their defense options, because they erroneously believe that they have no choice but to plead guilty if the breath or blood test showed that their BAC was over the legal limit or if they could not pass a field sobriety test. However, depending on the circumstances that led to the arrest and law enforcement's actions, there may be many factors that make it possible to fight your drunk driving charges.

If you were arrested for DUI in San Diego County, it's important to discuss your defense options with an experienced attorney as soon as possible. Our team at Mark R. De Yoe, APLC can explore your options for seeking a plea bargain and help you understand the reasons that charges are reduced or dismissed. He can help you know which defense option is right for your case.

Some of the many reasons to choose Attorney Mark R. De Yoe for your case include:

Challenging the Prosecutor's Evidence

DUI cases and the laws and procedures surrounding an arrest are extremely complicated, and there are many instances in which evidence can be suppressed or thrown out, such as:

  • An officer's actions were not appropriate
  • You had a high reading on a breath / test for a valid reason other than drinking

In these cases, retaining the service of an experienced San Diego DUI attorney can help you fight to be free of the burden of criminal DUI charges.

Incorrect Procedures by the Police Officer

If the arresting officer on your case did not follow correct procedure, there may be a possibility that they did not have cause to stop you or arrest you in the first place. In a case like this, even if you tested above the legal limit, your case may be thrown out due to officer error. Similarly, if they did not follow each step to the letter while administering a chemical test to test your BAC, the results may be deemed invalid. There are very strict and specific procedures that must be followed in order for a breath or blood test to be valid, and missing one step in that process can lead to the test results being thrown out.

Some common police errors include:

  • Police conducted an illegal roadside checkpoint
  • An officer did not have probable cause before stopping you
  • An officer forgot to advise you of your Miranda rights before arresting you
  • Police reports contained inaccuracies

After an officer has arrested you and placed you into custodial interrogation, he/she must advise you of your Miranda rights. If the officer failed to do so, any subsequent statements you made could be excluded from evidence.

When is a Police Stop Lawful?

Before police can stop your car, they must have reason to believe that you are engaged in some form of criminal activity. Any evidence obtained after an illegal procedure can be suppressed. If an officer did not observe some sort of saftey omission such as the following, he cannot simply pull you over at whim:

  • Running a red light
  • Driving erratically
  • Driving with burned out lights

Oftentimes, officers stake out bars or popular weekend venues, but if you were pulled over without probable cause, any subsequent search and arrest were illegal and violated your constitutional rights.

In order for a sobriety checkpoint to be legal, supervising officers must organize and oversee a checkpoint, make sure that field officers follow a predetermined formula (for example, only stopping every third card) and publicly advertise the roadblock.

Incorrect Chemical Test Results

There are several factors that can result in an inaccurate BAC level reading. If dental work caused small amounts of food soaked in alcohol to get trapped in your teeth, your BAC level could be higher than the legal limit. If you burped or are on a low carb or high protein diet, these can also alter your BAC level reading.

Another factor that can negatively affect your reading is the time that your BAC level was taken. Alcohol takes a while to be "soaked up" by your system, and if your BAC level is checked a long time after you were pulled over, your BAC level can register higher than it was when you were actually driving.

Perhaps the most common factor that can affect a BAC level reading is breathalyzer machine mechanical errors.

Inaccurate blood readings can also result in a person being wrongly charged with DUI. Factors such as blood fermentation, improper storage of a blood sample and contamination can alter your blood reading. To find out more about what can cause inaccurate breath & blood testing results, click here.

If there are any chemicals on your breath similar to ethanol, this can cause a false reading.

All of the following can throw off a test:

  • Gasoline vapors in the air
  • Lacquers
  • Paint thinners
  • Cleaning products

When a breathalyzer machine is not regularly calibrated (to match the temperature and humidity of a place where the test occurs) or maintained, readings are often inaccurate.

When Health Issues Are to Blame

Health conditions can affect your performance on a field sobriety test. If you were tired, injured or ill, you could have been unable to perform the necessary activities an officer asked you to do. Other factors that can result in inaccurate field sobriety test results include:

  • Bad weather
  • Poor lighting
  • Uneven surface conditions
  • Awkward footwear
  • Officer intimidation

Furthermore, if you suffer from GERD, acid reflux, hypoglycemia, diabetes or heartburn, these conditions can result in an inaccurate BAC reading.

How San Diego DUI Lawyer Mark R. De Yoe Can Help

Your attorney will investigate the circumstances of your arrest and testing to determine if there are any holes in the officer's story. Finally, there are instances where a breath or blood test can give high results when an individual is not intoxicated. Having eaten, drank, or vomited in the time just prior to testing can affect your test results. Furthermore, there are can be instances where the alcohol has not been absorbed into your body yet, therefore not affecting your driving abilities.

Fighting your DUI charges is the only way to avoid a conviction, and having an attorney who understands the legal procedures will be your best shot at defeating your charges.

Call Attorney Mark R. De Yoe: (855) 722-6041

Attorney Mark R. De Yoe is an aggressive and experienced DUI defense attorney who has been defending clients in San Diego and has handled over 1,000 DUI cases, helping many people defeat their charges and return their lives to normal.

If you are facing DUI charges, you understand how severe the DUI penalties are, and you do not want to risk your freedom and livelihood on an attorney who is inexperienced and incompetent. Attorney De Yoe has the experience, knowledge, and dedication you are looking for. Contact Mark R. De Yoe, APLC today!