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DUI Defense Overview

There are many different ways in which an attorney can raise a viable defense for a client facing DUI charges. Opportunities may arise at different points in the criminal process, and in order to take full advantage of these it is important to involve an attorney as early as possible.

In the pre-trial stage, your San Diego DUI lawyer may be able to bring up such issues as: the lawfulness of your arrest, the lawfulness of your detention (when you were first pulled over and detained on suspicion of DUI), or whether the breath testing device was properly calibrated. Any of these issues may be raised before your trial, at your DMV hearing or during your criminal trial as well.

Following are some examples of defenses which may be utilized during your criminal trial:

  • A significant amount of time passed between your arrest and breath or blood test, leading to an inaccurate example of what your blood alcohol concentration was at the time of your arrest.
  • You unknowingly consumed alcohol or drugs (someone gave them to you without your knowledge.)
  • You were not actually driving.
  • A physical ailment or other factor influenced your outcome of a breath or blood test.
  • The breath test or blood test was administered improperly.
  • Law enforcement failed to observe you for 15 minutes prior to your breath test to ensure you did not burp, eat, drink, smoke or regurgitate (these may affect a breath test result.)
  • Law enforcement did not have probable cause to pull you over in the first place.

By thoroughly evaluating and investigating all aspects of your case, an experienced San Diego DUI attorney can build a defense strategy that is more effective and offers you the opportunity to avoid a conviction and the serious repercussions of this.

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If you've been arrested for drunk driving in San Diego, California, contact San Diego DUI defense lawyer Michael J. Fremont today! (888) 908-1919