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.
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
- 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 a reasonable 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,
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
- 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: (619) 519-7385
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
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!