The aftermath of a DUI conviction can have severe consequences. If convicted, a person could have their driving privileges suspended, their insurance premiums increased substantially, bear the costs of costly fines, attending classes, perform community service or in some serious cases, face jail time and or probation. Each case is unique with different outcomes. It is vital that you obtain a qualified DUI Defense Attorney in San Diego as soon as possible to ensure that your rights are preserved and someone who will fight for the best possible outcome.
Many feel that once they have been arrested for a DUI, they have no choice but to plead guilty to the allegations. This is especially true when the person has failed either a Breathalyzer test, blood and urine tests, and field sobriety tests. However this is far from the truth, as a knowledgeable, aggressive San Diego DUI attorney, can review the State’s evidence and determine the strength and weaknesses of your case and possibly win your case.
There are several defenses that an expert San Diego DUI attorney can use to your advantage in fighting your case. For instance, results from breathalyzers may be untrustworthy and unreliable depending on the time between the test was administered and when the last alcoholic beverage was consumed. Also, the device may not be calibrated correctly affecting the accuracy. Other factors (such as certain medical conditions) may affect the result as well. Furthermore, there are specific certificates and qualifications that a police officer must have in order for the Breathalyzer result to be admissible.
A blood sample is assumed to be the most accurate method of detecting a person’s blood alcohol content (BAC) but this is further from the truth. There are specific procedures and guidelines that must be adhered to from the time the sample was collected, stored and tested that affect its accuracy. A knowledgeable, experienced and aggressive DUI attorney in San Diego can effectively discredit the evidence against you by scrutinizing test samples and determining whether or not they were handled properly.
Field sobriety tests are often wrongly relied upon as absolute evidence that alcohol caused the person to be physically impaired. Again your DUI attorney will review these sobriety tests with intense scrutiny. For instance, does the person have any pre-existing medical conditions (such as foot, ankle and back conditions that make proper balance impossible) that affect their balance and coordination? Did the arresting officer properly administer each field sobriety test? These key questions and issues are the essential in fighting your case and obtaining the most favorable result.
ARRESTED FOR DUI: WHAT’S NEXT?
Being arrested for a DUI can be a difficult, stressful experience that requires immediate attention. It is essential that you obtain a qualified DUI attorney in San Diego to navigate through all the legal loopholes and stages. An experienced DUI attorney can help alleviate the stress by helping you understand and keeping you informed through each stage of the legal process. In California, there are two legal battles to fight; 1) the court proceedings and 2) the DMV Administrative hearing. Upon being arrested for DUI, your license is taken and you are given a notice which is your temporary license for 30 days. The fine print on the notice indicates that you have 10 days from your arrest date to request a review hearing with the DMV to contest your license being suspended. Thus, time is critical and your attorney can notify the DMV that you wish to exercise your rights.
Once, requested, the hearing is usually scheduled one-two months after the date of arrest. A decision by the DMV is usually rendered two to four weeks after the hearing. If the DMV finds in your favor, you get your license back and your driving privileges become fully restored. If you do not request a hearing (within the 10 days) or lose the hearing, your license is suspended. If you or someone you know has been arrested for a DUI, call the Rejali Law Firm for your Free and Confidential consultation.