Simple Tips In Selecting DUI Lawyers

Is it better to get a lawyer for a DUI?

For many people, a DUI charge is the first legal matter requiring them to appear in court. Most fear the thought of going to court alone and prefer to have an attorney present, giving them peace of mind in the belief that they are going to reach the best possible outcome.

However, there are some who would rather face the unknown alone because the thought of hiring a lawyer is just as scary.

Some people arrested for DUI want to know whether hiring a lawyer will make a difference in the outcome of their case. I heard a great response to this question about 10 years ago. I had a friend who was arrested for DUI in Phoenix, Arizona. He was worried about going to jail in “Tent City” and wearing a pink jumpsuit but was skeptical about whether an attorney would make a difference because he believed that his case was unwinnable.

The Arizona attorney told my friend: “Look – if you hire me, I may win the case or I may not. However, if you do not hire an attorney, you have no chance of coming out on top.” My friend hired the attorney and avoided jail time. Could he have avoided jail time without an attorney? I don’t know for sure, but I believe the lawyer’s statement was true.

In DUI cases, lawyers may win the case on constitutional grounds (where evidence is excluded) or on the merits of the case (where evidence is insufficient to convict). Under the exclusionary rule of the fourth amendment of the U.S. Constitution, some of the mistakes police make result in people winning DUI cases. The exclusionary rule prevents law enforcement from benefitting from unlawful searches and seizures.

How Does Having a DUI Lawyer Affect the Likely Outcome?

Most players in the criminal justice system would agree that it’s almost never a good idea to represent oneself when facing charges. Let’s take a look at what the data says about private DUI lawyers versus public defenders and self-representation.

Outcomes for People Who Hired Private DUI Lawyers

A majority of DUI defendants who hired private lawyers were convicted of some form of DUI, whether by a plea bargain or a conviction after trial (as with those who used public defenders and those who represented themselves). But the percentage convicted—65%—was the lowest for readers who hired private lawyers. Charges were dismissed or never filed for another 12%, and 1% were acquitted (found not guilty) after a trial.

Notably, 22% of people who hired private lawyers were able to plea bargain for lesser, non-DUI offenses. These offenses included reckless driving, “wet reckless,” and impaired driving. By comparison, only 7% of public-defender clients and 0% of self-represented defendants ended up with such “lesser” pleas. While one of the benefits of having an attorney seems to be a better chance of getting a favorable plea bargain, sometimes the prosecution will offer a standard deal regardless of whether a lawyer is involved.

An attorney can help you plea bargain

If it is your first offense, depending on your blood-alcohol level and your driving record, you might be able to plea bargain where you don’t contest your guilt in exchange for a minimal sentence. This is where an attorney with knowledge of the prevailing climate in your location and the local prosecutors is most able to help. There are various plea bargaining strategies that an experienced attorney can use to obtain a favorable outcome for their client. Some states acknowledge “wet reckless driving” charges, which is when a DUI Is reduced to reckless driving with alcohol involved.

In instances where you’re unsure of how to proceed with your plea—are you pleading guilty or no contest, for example—the advice of an attorney could be helpful in determining your next move. At the very least, you can seek advice rather than hiring someone for a full-fledged case, and you can potentially argue your case down to a lesser charge.

The advice of a lawyer for reducing your charges is also helpful in navigating the collateral consequences for a DUI charge—that is, the penalties you will face that do not involve fines, licensing suspensions, or jail time. It’s worth it to hire the best DUI attorney you can afford.

Using an Attorney to Reduce Your Sentence

Courts in most states are willing to bargain down a DUI sentence in exchange for a guilty plea in certain instances. For example, you may be facing charges for a second or third DUI, which can land you in prison for a few months or years. Instead of taking it to trial, the prosecution may be willing to reduce the sentence in exchange for a guilty plea. And if it’s a DUI charge involving drugs other than alcohol, an attorney may be able to negotiate away random drug testing or other conditions of probation.

But, as with plea bargaining, “sentence bargaining” goes much smoother when handled by an attorney. Keep in mind that it is very difficult to negotiate the sentence for a first-offense, non-injury DUI case.

Why Would I Need A Quality DUI Attorney As Opposed to a Cheaper Attorney?

You cannot win unless you fight. A good DUI lawyer will take your DUI case and if they feel like they have a motion to suppress, they will bring the motion to try to get the evidence knocked out. That means the officer did not have sufficient probable cause to pull you over and do a DUI investigation. Ask the attorneys who are charging in the low two thousands or less than two thousand, how many of their cases they do suppression hearing on and then ask them to show you evidence that they do those hearings. They don’t do them, we’ve never seen them doing suppression hearings. We see them pleading people guilty or no contest, same thing all the time. You need a lawyer who will fight. I have never seen anybody get evidence thrown out when they didn’t do the suppression motion.

You’ve got to do the motion to suppress the evidence if you want a chance to win the case, to have the evidence thrown out because everything that happened after that invalid stop goes out if it is an invalid stop. We don’t do a suppression motion in every case. Some are obviously frivolous and we don’t do that. When we have a fightable case, we may win with a suppression motion. We bring it. So that’s something to ask a low fee attorney about. Will they bring a suppression motion? How often do they bring a suppression motion? We fight them, if we don’t win and think, the judge made an incorrect decision, we will appeal it. We don’t stop fighting, you can’t win unless you fight. You need an attorney who can take the time to win your case and an attorney who only charges you a couple of thousand or less is not saying, ”I understand this case is important, it is going to take a lot of time, and I am going to fight.”

Important Tips For Finding A Criminal Defense Attorney

Tips to Choosing a Good Criminal Defense Attorney for Your Case

Are you looking to hire a criminal defense attorney?. If yes, there’s a good chance you’re in some kind of trouble. Perhaps you’ve been suspected of committing a crime or you’re already facing criminal charges. Heck, even when your closest friend has been arrested on some criminal charges, such as murder, it’s advisable to have a defense attorney on speed dial.

Regardless of the situation, hiring a criminal attorney can mean the difference between several years behind bars and freedom. However, not just any attorney is going to help you win your case. You need the best criminal defense attorney on your side; otherwise, your case could be a toss of the coin.

Understand the Nature of Your Criminal Case

You’re hiring a criminal defense attorney to defend you because you’re facing a criminal charge. What you need to know is that criminal attorneys specialize in specific types of criminal cases.

Make a Shortlist of Lawyers You’d Potentially Hire

You aren’t going to find the best criminal defense attorney by making a random pick or settling for the first lawyer you come across. You need to make a shortlist of about 5 lawyers. Then, scrutinize their credentials and case record, and narrow down to the best

Check Licensure Status

Across the United States, active lawyers must have a state-specific license.

CHOOSING THE RIGHT CRIMINAL DEFENSE ATTORNEY

How Do I Find An Experienced Criminal Defense Lawyer?

If you find yourself facing a criminal charge, you need representation by the very best. A criminal charge could potentially have a serious impact on your freedom, livelihood, and future. Given the high stakes when fighting a criminal charge, you cannot take chances on an inexperienced or overwhelmed criminal defense lawyer.

COMPILE A LIST OF POTENTIAL ATTORNEYS

Your criminal defense attorney search should involve first compiling a strong list of potential options. Consider starting with word of mouth recommendations. If you have any friends who have used a criminal defense lawyer or attorney friends in your area, they may be able to refer you to someone they had a positive experienced with before. Do not end with accepting the referral, however, as you will want to vet the potential attorney on your own.

INTERVIEW YOUR POTENTIAL LAWYERS

Once you have narrowed down your list of potential criminal defense attorneys, you will want to phone them and schedule an initial interview.  Some criminal defense lawyers are too busy to sit down with you in person, but most can consult with you over the phone. During your consultation with your potential lawyer, ask about their background and experience.  Ask how familiar they are with the specific charges you are facing. You can then ask some questions about your particular case and how your potential lawyer might defend against the charges you face.

You will also want to ask the attorney about their legal fees and billing practices.  While it may be tempting to go with the lawyer who charges the least, doing so could end up costing you more in the long run if that lawyer does not offer the experience you need.  Find out how your case will be handled and whether other attorneys or paralegals may be involved in your defense. Armed with all of this information, select the lawyer with whom you have the most confidence.

HOW TO FIND THE BEST CRIMINAL DEFENSE ATTORNEY

Most people don’t have to worry about getting arrested. In the rare event that you have been charged with a crime or arrested, you’ll need a criminal defense attorney to help you out. A good criminal defense attorney will explain your rights during the criminal process from start to finish. Having this knowledge can help make the difference between a dismissal, plea bargain, or a jail sentence.

WHY YOU NEED A CRIMINAL DEFENSE ATTORNEY

Being charged or arrested for a crime is a serious matter. If you are facing criminal charges, you are at the risk of severe penalties and consequences, such as having a criminal record and jail time, among other things. While some legal matters can be handled alone, having a qualified criminal defense lawyer can help protect your rights and secure the best possible outcome for your case.

CIVIL VS. CRIMINAL COURT CASES

The United States court system is divided into two different sectors: criminal and civil justice systems.

PICKING THE BEST CRIMINAL DEFENSE ATTORNEY

There are over one million active attorneys in the United States. So, how do you go about picking the best criminal defense attorney when there are so many to choose from? Below you’ll find a list of six tips to help you pick the best attorney for you.

FIND THE BEST CRIMINAL DEFENSE ATTORNEY FOR YOUR NEEDS

Choosing a lawyer isn’t always about picking the best criminal defense lawyer. While you want to find a good lawyer, you also need to find someone who is the best for you and your needs.

How to Pick the Right Criminal Defense Attorney

Choosing your criminal defense attorney is one of the most important decisions you will ever make. When you are charged with a crime, you need to make sure you have the right legal representation as soon as possible. But in addition to hiring a lawyer quickly, you need to make sure you do your due diligence and ensure you’re picking the right professional to handle your legal matters.

Finding the right attorney can be an extremely tough process. There are so many characteristics to look out for (and so many to stay far away from), but this decision is one that should be handled with the utmost care. Hiring an ill-equipped defense attorney will undoubtedly sink your case and cause you to waste valuable time and money

Look For Relevant Experience

It is important for citizens to make sure they hire a criminal defense attorney who has experience with the crimes they have been charged with. Every lawyer has spent time in school studying the law front to back, but not every one of these lawyers may have experience handling the criminal charges you are facing. Today’s law procedures are so complex that there is a growing number of lawyers who specialize in one area, such as DWI or marijuana possession. Make sure you have a criminal defense attorney who has experience working on cases that are either the same as yours or very, very similar.

Make Sure They Have a History of Success, Too

In addition to making sure you have a defense lawyer who is familiar with your charges, you also need to make sure your potential lawyer has a history of successfully fighting charges that are similar to yours.

The whole point of hiring a private criminal defense lawyer is to try to reach the best outcome possible. With that being said, there is no point in hiring an attorney who has never won a case that is similar to yours. If you’ve been charged with a felony DWI and the lawyer you’re interviewing has no experience beating DWI cases or having them dismissed/reduced, you need to look elsewhere. When interviewing your lawyers, don’t be afraid to ask them about their history with handling charges like yours. Quality attorneys will not hesitate to educate a potential client on their past case results and client testimonials.

How to Choose a Criminal Defense Lawyer

When facing criminal accusations, you need a criminal defense attorney who will fight to protect your rights and minimize the potential consequences of the charges you face as much as possible. Choosing a criminal defense attorney, however, can seem a daunting proposition under the best of circumstances; and, let’s face it, facing criminal charges is not the best of circumstances.

Do a Basic Search Based on Geography

Legal marketing websites like Avvo offer lists of attorneys who practice criminal defense law in your city and state, and feature reviews of those attorneys. The direction of most (but not all) criminal cases is heavily influenced by who prosecutes it and who is assigned as the judge to preside over it. Using the tools on these sites to narrow down your search to well-reviewed local criminal defense attorneys is a good first step, because it helps to ensure that you will hire an attorney who has familiarity with the key players in your case, and with the rhythms and personalities that will shape how it proceeds.

Check Experience with Specific Types of Law

Now look to see if the attorneys your search turned up have experience with the specific area of criminal law you need. You want a lawyer who knows the ins and outs of the law and court procedures applicable to your specific case. You wouldn’t hire an eye doctor to do your knee surgery, and for the same reason you should only trust your criminal defense to an attorney who has represented lots of clients charged with similar offenses in the same court where your case is pending.

Take a Look at the Lawyer’s Outcomes

A lawyer cannot promise you any particular result in your criminal case. Stay far away from any lawyer who tells you otherwise.

Interview the Lawyers

Many lawyers will offer a free initial consultation on your case. Take them up on it. It’s an opportunity for the lawyer to get to know you and to hear about the charges you face. It’s also a chance for you to get to know more about the lawyer and to decide if it’s a good “fit.” During your interview

What Does A Car Accident Lawyer Do

How to Choose the Right Car Accident Lawyer

Pursuing a claim for personal injuries caused by a car accident can be both complicated and costly. And to make matters worse, some lawyers may not be equipped to pursue all claims and compensation available to you.

What To Look For in a Car Accident Attorney

Hiring a personal injury attorney can be a complicated decision. Luckily, there are a few simple questions you can ask to get a better idea of your attorney’s qualifications

Experience

Choosing the right car accident lawyer often comes down to experience. The best motor vehicle accident lawyers have been practicing personal injury law for many years and have fought for their clients both in and out of court

Resources

A successful car accident attorney is one with the resources to do the job right. For the best chance of receiving a fair settlement, only consider law firms that are well-established, well-staffed, and well-financed. Investigating a car accident requires using forensic tools, conducting safety analyses, and developing a network of medical and economic experts to calculate your damages. Without the vast resources that this requires, your case will be under-prepared and you could lose out on certain compensation.

Secrets to Finding a Great Personal Injury Lawyer

Choose a Lawyer Who Does Personal Injury Law Exclusively

Personal injury law is intricate and involves many specialized rules and practices. Attorney’s who handle divorces, wills, trusts or bankruptcies can be Jack of all trades but Masters of none. They do not try cases and insurance companies lowball accordingly. You risk the quality of your representation if you choose an attorney that does not specialize in personal injury law.

Select an Attorney Who Has a History of Taking Cases to Trial  if Necessary

Many if not most attorneys who advertise they handle personal injury cases have never seen the inside of a courtroom. They take your case, try to pressure you to settle for a pittance.  Insurance companies are very aggressive. If they know your attorney doesn’t go to trial, that he’s afraid of the courtroom, they will take advantage of this and make ridiculous offers or make little or no effort to settle your case. They know your attorney is shooting blanks and that he will fold his hand and pressure you to fold too when he sees the insurer isn’t going to budge. If your attorney isn’t willing to put the case before a jury, the insurer knows it..and it will hurt you.

Select a Personal Injury Lawyer with a Proven History of High Verdicts and Settlements

If you have a large case with serious injuries, it’s important to know that your attorney can deliver a large verdict or settlement. Ask your attorney how many million-dollar verdicts or settlements he has had. Is he a member of the Million Dollar Advocates? The Million Dollar Advocates is a renowned organization of attorneys who have settled or tried cases worth a million dollars or more. Not every case is worth a million dollars, but if you have that kind of a case, make sure you have an attorney who can deliver the goods.

Hire an Attorney Who’s an Active Member of State and National Trial Lawyer Groups

Serious personal injury attorneys collaborate with and learn from other excellent personal injury attorneys. In today’s very difficult environment where insurers are not hesitant to use dirty tricks and underhanded methods to make injured people look bad, it’s critical to be up to date and to know what the insurers are up to.

Find an Attorney Who Has Sufficient Resources to Take Your Case Seriously

When you hire an attorney, look around. Does he or she look like they are successful? Does their office look like they are doing well? Does the attorney have a line of credit or personal assets necessary to properly prepare your case? Serious personal injury cases are expensive to prepare. Many experts are necessary to properly prepare a case. Often many doctors must have their depositions taken and must later appear in Court. Other experts such as economists, biomechanics, accident reconstructionists, vocational rehabilitation specialists and life care planners must be hired. The expense in a single case can often exceed $100,000+ if properly prepared. Make sure your attorney has enough money to play with the big boys.

How to Find the Right Car Accident Attorney for You

You already know this is an important decision. In fact, finding the right lawyer from a good shortlist of car accident attorneys may be one of the most important decisions of your entire car accident case.

You should do careful research and select an attorney who has years of proven experience handling personal injury cases such as yours. We want to offer you some helpful tips to find that perfect attorney to get you compensated for your car accident injuries.

Before you look up car accident attorneys, know what you’re looking for

Before you even start doing searches it will pay off to have a good idea of the qualities and terms you are looking for in a car accident attorney. This may differ a little according to your case, your personality, your area of the country, even.

These questions will give you a framework for a list you can check off:

Evaluate the complete team of staff, not just the partners or people who make up the public face of the law firm. Keep in mind as you research and interact with the firm that it may not be the same person you speak with initially who will be your primary contact.

Where to find experienced car accident attorneys

Ok, now you should have an idea of the sorts of things you’ll be keeping in mind as you look at various law firms and attorneys.

How Do I Choose the Right Auto Accident Lawyer?

Choosing the right auto accident lawyer isn’t rocket science. All it takes is a little bit of patience, research and a general idea of what to be on the lookout for. After a car accident, you’re not in the best frame of mind for gathering evidence and representing yourself to the insurance companies. It’s best to find an auto accident attorney who puts you first, and let them do the hard work while you recover. We make it easy here at Kuzyk Law, as we have been in this business since 1971 representing our clients’ best interests in car accident cases of all kinds.

Understand the Fee Arrangement

Before hiring a lawyer, it’s imperative that you truly understand the fee arrangement and what is expected of you in terms of payment. Many lawyers, like those at Kuzyk Law, don’t bill you unless or until your case is won or settled. But you should still ask what percentage will go the lawyer. The industry standard is between one-third and 40 percent of the total award. Ask for a breakdown of fees, hourly rates, etc. Be aware this is just an estimate. Car accident lawsuits can stretch for months or even years. Don’t sign anything until you’ve asked about the attorney fees and understand them completely.

Ask Yourself Questions Afterwards

You may do all the research possible on a particular attorney but you won’t really know who’s best for you until you meet with them. After discussing the case with your Lancaster auto accident lawyer

Make up a List of Questions

Not sure what to ask in your initial meeting? Have a list of questions ready for when you meet. You’re understandably in a vulnerable place right now and it’s common to forget basic questions you may want to ask

Of course, no matter how good your lawyer is, these questions can’t always be answered with any degree of certainty. However, a good Lancaster auto accident lawyer should be able to give you an educated guess based on their knowledge, experience, skill and nature of similar cases

TIPS TO SELECT THE BEST CAR ACCIDENT ATTORNEY FOR YOUR CASE

Questions to Ask Potential Candidates Before Choosing Your Car Accident Representation

Although it may sound surprising coming from a lawyer, not every car accident requires hiring an attorney. In fact, in some cases, it may not be worth your time or money. A simple fender-bender, for example, can most likely be handled without too much resistance from the insurance company.

Asking Questions Will Help Secure the Right Representation

Ideally, to secure a strong injury claim, you should contact an attorney within a day or two of your accident. This way, you can get started on the case right away while it is fresh in your mind. Furthermore, you must remember that you need time to focus on your recovery while still gathering evidence of liability, police reports, contact information from any witnesses, and photos of property damage and any visible injuries. However, once you secure your attorney, he can gather the necessary evidence while working to ensure that all of your current and future financial, emotional, and physical losses are being thoughtfully considered. That leaves you with only one task: getting better from your ordeal.

Time isn’t your friend in these situations, so knowing what to look for in an attorney can be crucial. Of course you will want to make sure you hire someone who has specific expertise representing clients who have suffered injuries similar to yours. Of course you need to find someone you feel you can trust. But there are many other specific details you need to know when considering whom to hire.

To set up a free consultation with the highly experienced and dependable attorney Steve Lee, simply fill out the contact form on this page. We will get back to you as soon as possible with an appointment time to speak with him directly and have all of your questions and concerns addressed

Shot Down DUI Charges With An Efficient DUI Lawyer

What are the Benefits of a Wet Reckless?

Generally, reckless driving carries less severe penalties than a DUI charge. So, a wet reckless plea deal typically means lower fines and less potential jail time than would result from being convicted of a DUI.

A wet reckless plea can also have advantages with regard to license-related consequences. Many states allow judges to suspend a motorist’s license for reckless driving. But for DUI convictions, license suspension is typically mandatory for six months to a year. And a DUI conviction will generally add more traffic violation demerit points to person’s driving record than will a reckless driving violation.

Wet reckless convictions and DUI convictions carry different penalties, but a wet reckless conviction can count as a prior DUI. In some states, someone who has a wet reckless conviction and then is convicted of DUI will be sentenced as a repeat DUI offender.

HOW TO REDUCE DUI CHARGES WITH A PLEA BARGAIN

A plea bargain is considered before the Crown attorney presents your case during a hearing. Depending on the circumstances surrounding the case, your lawyer may approach the Crown attorney for a plea deal. The Crown attorney will agree to a plea bargain if they feel that their case is seriously flawed and it is not possible for them to proceed with the case in court. Instead of getting the case dismissed they can charge you with a lesser charge. An experienced DUI lawyer should be able to find ways on how to reduce DUI charges via a plea bargain so that it is not necessary for you to submit to the maximum penalties for your charges.

When Do You Plead Guilty or No Contest?

The first court date in a DUI case is normally the “arraignment.” At the arraignment, the judge normally asks whether the defendant plans to hire an attorney or wants a court-appointed lawyer. Defendants who have their attorney situation resolved on that first day will typically enter a plea to the charges. Otherwise, the judge might set a new court date for the defendant to come back with an attorney and enter a plea to the charges. In either scenario, the defendant’s initial plea is normally “not guilty.”

For defendants, there’s usually no benefit to pleading guilty at the first court appearance. Generally, plea deals a prosecutor offers on the first day are the same or worse than offers that come later. So, it’s typically best to initially plead not guilty and get a new court date a few weeks out or so.

This additional time will give your attorney the chance to review the prosecution’s evidence and come up with a legal strategy. Even if you ultimately decide to make a plea deal, this investment of time by your attorney often pays off anyway. With a good understanding of the facts of your case and some legal research, you attorney might be able to get you a better deal by pointing out problems with the prosecution’s case and possible defenses to the charges. Prosecutors who have doubts about their ability to prove a DUI at trial are more apt to offer plea bargains favorable to the defendant.

So, in many DUI cases, the defendant ends up entering a guilty or no contest plea at the second or third court date. However, it’s possible for a defendant to enter one of these pleas at any point prior to the jury’s verdict.

Reducing Stress by Becoming Involved in Your Defense:

Another source of stress can be the feeling of a loss of control. Many people arrested for DUI are in management or professional careers, and therefore, and are therefore accustomed to being in a position of control. Consequently, this loss of control can be a very new experience for you. This feeling usually begins when your vehicle was stopped or when you first came into contact with the police, and the officer began ordering you to take certain actions. You may have been wondering whether or not you had to do what the officer was ordering, and this is something you should discuss with your attorney.

The best way to overcome this feeling of being out-of-control is to ask your attorney how you can help with your defense. This may be as simple as becoming involved in therapy and/or treatment, but might also includes obtaining medical records and driving records. Your attorney might also ask you to travel to the “scene” and take digital photographs that can later be incorporated into a power point presentation at trial.

One thing to keep in mind however, is that your attorney is working hard to obtain the best possible result. This can also be difficult, because you may not be accustomed to letting another person control something so important to you, and the only way to reach this level of trust is by carefully selecting your attorney.

If and when you and your attorney decide to pursue an actual trial, you might be able to take a more active role in trial preparation. To assist your attorney in preparing for trial, it is essential that you provide the appropriate contact information, so that you can be reached at a moment’s notice. It may also be important for you to be in contact with your witnesses as well as any expert witnesses. Sometimes, we will ask you to meet with the expert witnesses to help gather information.

You should, of course, always know what direction your case is going. For example, if motions are being scheduled or if trial is being scheduled, it is important for you to discuss these things with your attorney. Again, understanding what to expect will go a long way toward relieving your stress. However, don’t try to be involved in every decision that is made, as this is often counterproductive. Finally, you must have faith and confidence in your lawyer and just let him or her do what you have paid them to do. They are the legal experts and are working hard to obtain the best possible result for you.

Ways to Beat a DUI

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.

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.

Mouth Alcohol

DUI breath testing instruments are designed to capture a sample of breath from your deep lung tissue; this is known as “alveolar air.” Residual alcohol can linger in the mouth for some of the following reasons:

A. Dental work trapped small amounts of alcohol-soaked food in your teeth,
B. You burped or regurgitated, or
C. You suffer from acid reflux, heartburn, or GERD.

The breath test instrument captures “mouth alcohol” rather than simply “aveolar air.” As a result, mouth alcohol can trigger a false BAC reading on a San Diego DUI breath test.

Medical Conditions

Medical conditions such as Gastroesophageal Reflux Disease (more commonly referred to as “GERD”), acid reflux, or heartburn can contaminate DUI breath test results. GERD, acid reflux, and heartburn are all medical conditions that create possible mouth alcohol situations. This is because these conditions produce a flow of acid that travels from the stomach into the mouth. When this occurs during a DUI breath test or just prior, the alcohol that travels from your stomach to your mouth disguises the deep lung air that the breath testing instrument is intended to measure. As a result, GERD, acid reflux, and/or heartburn can cause a falsely high BAC on a California DUI breath test.

Police Misconduct

Even if you were driving under the influence, police misconduct may knock out your DUI charges.

If you can demonstrate police misconduct, then your DUI charges may have to be dismissed. This is true even if you were actually guilty of DUI. This is because proper police procedures must be followed. For example,

A. DUI police reports must be accurate,
B. Title 17 procedures must be complied with, and
C. Courtroom testimony must be truthful.

If these, or other, conditions are purposely manipulated or ignored, evidence that was illegally obtained or fabricated will be thrown out. Depending on how severely this impacts the prosecutor’s case, he may choose to reduce or dismiss your charges.