Driving under the influence (DUI) is a serious offense in California, with severe penalties that can affect your freedom, finances, and driving privileges. If you’ve been arrested for a DUI, it’s crucial to understand that the decisions you make early on can significantly impact the outcome of your case.
One of the most important steps is to hire an experienced San Diego DUI attorney who understands California law and how to effectively challenge DUI charges. Here, our San Diego County criminal defense attorney at the Griffin Law Office, APC, explores our role in these cases and how we can help minimize penalties and potentially avoid conviction.
Why DUI Charges in California Are Serious
California DUI laws are among the toughest in the nation, with severe penalties designed to deter impaired driving.
A DUI conviction can lead to:
- Jail or prison time.
- Hefty fines and court fees.
- License suspension or revocation.
- Mandatory DUI education programs.
- Installation of an Ignition Interlock Device (IID).
- Probation, community service, and other penalties.
In addition to these criminal penalties, a DUI conviction can also result in increased insurance premiums, difficulty finding employment, and a permanent criminal record.
How Our San Diego DUI Attorney Can Help in Your Case
Our experienced California DUI attorney can significantly improve your case by employing various defense strategies to reduce penalties, negotiate plea deals, or even avoid conviction altogether.
Here’s how our San Diego DUI attorney plays a crucial role in the defense process:
Assessing the Strength of the Case
- Our DUI attorney will thoroughly review all aspects of your case, including police reports, field sobriety test results, breathalyzer or blood test records, and any video footage of the arrest. This comprehensive review allows us to assess the strength of the prosecution’s evidence and identify weaknesses that could be used to our advantage.
Challenging the Legality of the Traffic Stop
- For a DUI arrest to be valid, the officer must have had a legal reason to stop your vehicle in the first place. If our attorney can prove that the stop was unlawful—for example, if it was made without probable cause or reasonable suspicion—the evidence obtained during the stop, including BAC test results, may be suppressed, potentially leading to the dismissal of the charges.
Questioning the Accuracy of BAC Tests
- DUI cases often hinge on the results of breathalyzer or blood alcohol concentration (BAC) tests. However, these tests are not foolproof. Our San Diego DUI attorney can challenge the accuracy of BAC results by examining factors such as:
- Improper calibration or maintenance of the breathalyzer device
- Contamination or improper handling of blood samples
- Physiological factors, such as medical conditions, could affect BAC readings.
If successful, these challenges can create doubt about whether your BAC was indeed above the legal limit when you drove.
Presenting Defenses Against Field Sobriety Tests
- Field sobriety tests (FSTs) are often used to establish probable cause for a DUI arrest. However, these tests can be unreliable indicators of impairment and are usually influenced by external factors like uneven surfaces, poor lighting, weather conditions, or nervousness. Our skilled DUI attorney can argue that these factors affected your performance on the tests and that the results should not be considered reliable evidence of impairment.
Negotiating Plea Deals
- In some cases, it may be beneficial to negotiate a plea deal that reduces the DUI charge to a lesser offense, such as “wet reckless” driving or “dry reckless” driving referring to reckless driving charges, essentially a reduced charge from a DUI, depending on the circumstances.
Our experienced DUI attorney knows how to effectively negotiate with prosecutors to achieve a plea deal that minimizes the consequences of the arrest.
Avoiding License Suspension at DMV Hearings
- After a DUI arrest in California, you have just 10 days to request a hearing with the Department of Motor Vehicles(DMV) to contest the automatic license suspension. Our DUI attorney can represent you at this hearing and present evidence or arguments to prevent the suspension. Success at the DMV hearing can allow you to keep your driving privileges while your criminal case is pending.
Providing Representation in Court
- If your case goes to trial, our San Diego DUI attorney will build a strong defense strategy, cross-examine witnesses, and argue on your behalf. We will focus on creating reasonable doubt about your impairment, presenting evidence that supports your version of events, and working to achieve a not-guilty verdict or case dismissal.
Contact Our Skilled San Diego Criminal Defense Attorney Today
Attempting to handle a DUI case without an attorney can be risky. DUI laws are complex, and the prosecution often seeks the maximum penalties allowed. We understand the high stakes of DUI cases and will work tirelessly to achieve the best possible outcome. Call 619-269-2131 to speak with our skilled San Diego criminal defense attorney today, or contact us online and let us help you navigate the legal process.