1. No Probable Cause for the Stop
The officer must have probable cause to stop, detain, or arrest you for DUI. If there was no probable cause the evidence, and the case may get dismissed.
The police must have a reasonable suspicion or reasonable belief that you are engaged in a criminal activity before they can stop your car, conduct a DUI investigation, or arrest you for a DUI in San Diego. This reasonable belief is a standard known as probable cause. If an officer does not have the required probable cause before engaging in any one of these stages, any evidence that is obtained as a result of that illegal procedure will be suppressed. When evidence is suppressed, it means that the prosecution cannot use it against you. This means that evidence obtained without probable cause usually results in reduced or dismissed San Diego DUI charges.
For example, if you were driving at 2:05 a.m. and committed no traffic violation but were pulled over for simply being on the road after “bar time” any evidence obtained after the stop could not be used against you. This includes anything you say to the officer, the blood/ breath results, and any field sobriety tests.
2. Faulty and Unreliable Breath Tests
The DUI breath tests used in San Diego have many flaws. These tests are subject to some of the following problems:
A. Improper use by the police
B. Physiological Conditions (gastroesophageal reflux disease aka GERD)
C. Instrument Malfunction
D. Failure to observe the defendant prior to the test.
DUI breath testing is the most common way to measure a defendant’s BAC but it is not always an accurate because of the fact that a DUI breath test doesn’t directly measure the amount of alcohol in your blood. It measures the amount of alcohol present in your breath and converts that amount to determine the amount of alcohol in your blood. As a result, DUI breath testing is susceptible to a variety of outside influences that can generate an erroneously high BAC reading.