Driving with a blood alcohol concentration of 0.08 percent or higher in San Diego is a severe offense. Also, prior DUI crimes within ten years are put into account during sentencing. Irrespective of how many years have passed, a DUI conviction can affect your future, career, and life. If you've been arrested for DUI, you require legal help to have an opportunity to get the best results. At San Diego DUI Attorney, we can assist you in navigating the California legal system.
Our attorneys bring many years of experience fighting for DUI defendants in San Diego. We are ready to fight for you in all of the following:
Diabetes as an Effective Defense
DUI charges and diabetes are closely related. The basis of the relation is hypoglycemia. Both Type 1 diabetes and Type 2 diabetes patients experience hypoglycemia when the blood sugar is too low. It occurs when the patient:
Skips a meal
Exercises a lot
Takes a lot of insulin
Hypoglycemia can result in a patient being detained for drunk driving because it can fool either:
A Police Officer
The bodies of people with diabetes either don't produce insulin, don't use insulin properly, or don't produce adequate insulin. Without insulin, the body is unable to use glucose. Instead, the body burns fats that the liver breaks down. During the breaking down process, the liver produces toxic wastes called ketones.
Normally, ketones are excreted in breath and urine. However, many diabetes patients produce a lot of ketones for their body to remove. As a result, the buildup causes diabetic ketoacidosis.
Unluckily, the symptoms of this condition are identical to those of intoxication. That means a police officer who isn't a diabetic expert can arrest you for DUI. The following are diabetic ketoacidosis signs and symptoms that can cause drunk driving charges:
Dry mouth or excessive thirst
A Breath Test
Ketosis can also fool a breath test into reporting a high BAC.
Your defense attorney should be able to engage a DUI expert witness. The expert witness will explain to the prosecutor the impact of ketones and hypoglycemia on your arrest and DUI chemical test results. It could lead to reduced charges or even case dismissal.
Title 17 of the Code of Regulations outlines how the police officers should conduct chemical tests. Usually, prosecutors use the chemical tests to support VC 23152(b) (DUI with a BAC more than 0.08 percent charges). Should the police fail to adhere to the Code of Regulations, the prosecution will not use the results as proof.
Code of Regulations About Blood Tests
Essential Title 17 regulations for blood tests include:
The sample should be well stored.
The preservative or anticoagulant in the vial shouldn't be expired.
An authorized expert should perform the blood draw.
The preservative should be adequately mixed with your blood sample.
Title 17 Concerning Breath Test
Title 17 also outlines the following procedures and rules for breath tests:
The sample should be alveolar air (from deep lung air)
The defendant should be observed for fifteen minutes before submitting their breath sample
The defendant should not eat, smoke, vomit, regurgitate or drink at the time of administration
The testing gadget should be calibrated after 150 uses or ten days
An operator who is not well-trained on how to operate a testing instrument, or
A testing instrument that is not well calibrated can cause a Title 17 violation.
Code of Regulations About Urine Tests
Per title 17, a person submitting a urine test should first void their bladder and then submit a urine sample after twenty minutes. Any sample test that is taken earlier than that is considered unreliable.
Additionally, the sample should be kept for at least a year. It allows you to have the sample retested later in an independent lab.
What to Do If There was a Title 17 Violation?
If chemical test results are used as proof against you, your defense lawyer should investigate the likelihood of a Code of Regulations violation.
A violation could suggest that your BAC results are not accurate and could lead to:
The prosecution agreeing to plea bargain negotiations to lesser severe charges like dry reckless or wet reckless
The prosecution dismissing your DUI charges
The judge declaring a not-guilty verdict for you at trial
If you submitted a urine or blood test, the lawyer might want to make a blood split motion. The blood split motion requests the prosecutor to provide the remaining portion of your urine or blood sample so that your lawyer can have it retested.
Driving Without Ignition Interlock Device Violation
If you're operating your car without an ignition interlock device and get pulled over, the odds are you will be arrested.
The arresting officer will ask you to provide your vehicle registration and license. The law enforcer will run through the license and confirm if you've been ordered to maintain the mini-breathalyzer. The vehicle you were operating could be impounded regardless of the fact it is not yours. Moreover, a hearing will be planned.
If you never installed the device, the judge will issue a bench warrant or schedule a hearing. Should the judge grant the bench warrant, law enforcers will find you and then detain you. Then a hearing is scheduled.
Sometimes, the court will plan a hearing, and you'll be informed about it. If you fail to appear in court, the court will issue a bench warrant, and you will be apprehended.
IID Violation Penalties
Operating a car without an ignition interlock device is a probation violation. It's not a defined offense, and the judge has the discretion concerning imposing penalties. The judge could:
Extend the duration you should use the ignition interlock device
Impose fines or community service
Revoke the probation and then sentence you
Additionally, the California Department of Motor Vehicles may withdraw your driving privilege.
If time is added to the IID obligation, there are hidden costs. You'll spend more maintaining the mini-breathalyzer.
When Arrested for Driving without an Ignition Interlock Device
If you fail to install the device in all the vehicles registered in your name, the judge will know. Firms that install these devices inform the California DMV which vehicles have IIDs. Then the DMV shares this information with the court. If any of your cars are not reported, either a bench warrant is issued or a hearing scheduled. During the hearing, you have to establish you've installed the device in all your cars.
Should you get arrested while operating a vehicle registered in another person's name, the police can tell from your driver's license that you should only drive cars with an ignition interlock device. You should provide the court and the DMV with a declaration of non-ownership, if:
You are required to install the device
But don't have a car.
Your attorney should be able to help you.
If you purchase a new motor vehicle, it will be registered in your name. The California DMV will require an explanation if the installing firm fails to notify the Department of Motor Vehicles of the installation promptly.
A 1650 waiver is a petition to wave drunk driving program requirements. An out-of-state resident sentenced for DUI makes the request. Per the Department of Motor Vehicles, any defendant convicted of the following offenses should attend DUI school:
DUI (VC 23152(a))
Driving with a BAC of 0.08 percent or more (VC23152(b))
Underage DUI (VC 23140)
Wet reckless (Vehicle Code Section 23103.5 VC)
A lot of things take place when you get sentenced for drunk driving in California. They include:
After your conviction, the California court will notify the DMV of your sentence. The DMV will withdraw your non-resident driver's license in California.
Moreover, the DMV will notify your home state of the conviction.
After receiving the notice, your state will treat the offense as if it happened in your state.
As a result, your home state could impose penalties on you.
One of the penalties could be the suspension of your driver's license until you finish all California drunk driving conviction requirements, including the DUI school.
The last occurrence can be overwhelming for you because you're out of state and will be needed to go back and forth to complete DUI school. Consequently, California noticed the weight and created the waiver.
The waiver removes the alcohol education program requirement. That means a non-resident doesn't have to join DUI school nor complete the DUI program.
How to Apply for the 1650 Waiver
Your Lincoln Acres DUI attorney should be able to assist you to do the below:
Reach the DMV and then request that a 1650 waiver packet be sent to you
Fill the packet
Demonstrate that you reside outside The Golden State by submitting utility bills from utility companies in the state you live in
Pay the application charges
Typically, a completed application takes 4 to 8 weeks to process.
What Takes Place if You Go Back to California?
Should you choose to reside or return to California after you are granted the waiver, you cannot lawfully drive in California for three (3) years after when the 1650 waiver was granted.
Also, prior to getting a valid driver's license, you ought to complete DUI school.
How We Fight Drunk Driving Charges
One of the most frustrating things in California is DUI charges. Fortunately, no matter what the accusations against you are, any experienced Lincoln Acres DUI attorney can fight for you.
The prosecutor could claim that you drove your vehicle with a blood alcohol content above 0.08 percent. Or could allege that you were so drunk that you did not make it during the field sobriety test or the DUI led to an accident.
Even when these accusations are true, several DUI legal defenses could convince the prosecution to dismiss or reduce the charges.
Radio Frequency Interference (RFI)
Your attorney can challenge the breath and blood testing results by claiming they were affected by RFI.
RFI can make a DUI breath and blood test to give a high blood alcohol concentration. It is because many electronic devices (for instance, those used to review breath and blood samples are vulnerable to electromagnetic interference (EFI) or (RFI).
Radio waves from the following sources have electronic components in the electronic devices:
The automatic door
Your BAC Does Not Show Accurate Impairment
Should a substantial discrepancy exist between the blood alcohol content and the alleged impairment level, something is not right. It could be the case where the defendant either:
Showed slight impairment but had a high BAC, or
Reportedly showed no impairment
When this disconnect takes place, the evidence cannot be trusted. Typically, this is a sign that you can challenge the chemical test results.
Chemical Test's Inherent Error Rates
Drunk driving chemical testing has an inherent error rate of between 0.005 percent and 0.02 percent.
That means you can urge that results that are between 0.08 percent and 0.1 percent are close to 0.08 percent legal limit.
Bad Driving Does Not Suggest Drunk Driving
Although law enforcers think that bad motorists must be drunk, that is not always the case. More often than not, erratic driving, speeding, and weaving are due to distraction or inattention.
Maybe the defendant was:
Playing a CD
Working on the navigation system on their phone
Tending to a baby
Distracted by passengers
Picking something that has fallen
The truth is that sober drivers also show bad driving moments the same way impaired motorists do. You can use this defense strategy because the judge can relate to this reality.
Inaccurate Field Sobriety Tests (FSTS)
FSTs are not correct indicators of drugs and alcohol impairment. The tests which have actual data to reinforce their trustworthiness are only sixty-five to seventy percent accurate at detecting impairment, provided they are well conducted and scored.
Moreover, the same explanation used for physical impairment signs can describe poor performance on field sobriety tests. Factors like:
Awkward footwear like dress shoes, boots, or high heels
An uneven surface can make a sober motorist fail their FST
In other words, your Lincoln Acres DUI attorney should ensure that the prosecution team isn't able to use your FSTs performance as proof against you.
How Our Attorneys Handle DUI Cases
You have probably seen in movies a defense attorney aggressively fighting for their client in a courtroom, cross-examining a witness, and convincing the judge. Yet, you never see the behind-the-scenes work that the defense lawyer puts into preparing for the case. Although a courtroom presence is essential, any competent Lincoln Acres DUI attorney needs a foundation of in-depth preparation. While each case is different, below is how our legal team handles DUI cases:
After the defense attorney meets with you, they will attempt to obtain as many details concerning your case as possible. By asking specific questions, they can tell possible legal defenses as well as case strengths and weaknesses.
Investigate the Case
Moreover, the attorney will investigate the case further as a way of finding a potential avenue of acquitting you.
Often, it involves questioning law enforcers about the process they used concerning your case. It could also entail talking with witnesses.
Your lawyer is entitled to analyze the prosecutor's case before it is presented to the judge. It allows the lawyer to find gaps in your case and try to get proof that can refute the prosecution's case, like getting an independent expert or laboratory to test the case evidence.
Continued Contact with You
Any seasoned Lincoln Acres DUI attorney should stay in contact with you to keep you informed about your case and explain all case developments. The attorney should make sure your conversations are kept confidential. Additionally, the lawyer should ensure they communicate the information in a way you understand the possible outcome.
It is the responsibility of your attorney to talk about the case's status and negotiate with the prosecution concerning a plea bargain. The lawyer should be in a position to assist in securing a favorable deal for you that leads to a reduction of charges or penalties.
Seeking Outside Assistance to Strengthen Your Case
Moreover, the attorney will engage other experts to lend their expertise to your case as needed. They included:
Expert witnesses - The attorney will engage expert witnesses to assist in case investigation and testify on your behalf at the trial. Some of the professionals used include doctors, lab technicians, psychologists, and forensic scientists.
Jury consultant - A jury consultant helps your attorney in choosing the best jury for case hearing. Although it is unlawful to exclude a jury member based on gender, race, or age, your defense aims to get rid of those with potential prejudice and keep those who will be persuaded by their arguments.
If you are convicted of DUI because you accepted a plea bargain or the court found you guilty, your Lincoln Acres DUI attorney can represent you during the sentencing phase. They could discuss factors that could convince the court to reduce your sentence. They could also outline possible alternatives to imprisonment.
Find a Seasoned DUI Defense Lawyer Near Me
Driving under the influence in Lincoln Acres is a severe crime that carries hefty fines, incarceration, and a potential driver's license suspension. There is little you can do to escape the charge once the law enforcers detect a BAC higher than 0.08 percent. However, engaging an experienced attorney like the San Diego DUI Attorney can assist in mitigating the consequences. We can help you in understanding your options as well as what to expect from the judicial system. Call us today at 619-535-7150 to book your initial consultation.