4 DUI Arrest Pitfalls That Can Lead To Dismissal Of Your Case In San Diego

Driving under the influence (DUI) is a serious offense in San Diego and throughout California, often carrying harsh penalties such as fines, license suspension, mandatory classes, and even jail time. It also requires having Hillcrest criminal defense attorney by your side. But, Not all DUI arrests lead to a conviction.. Law enforcement must follow strict procedures, and when mistakes are made, it can provide grounds for your case to be dismissed. Below, we explore four common DUI arrest mistakes that could lead to a favorable outcome for your case in San Diego.

1. Absence of reasonable grounds for the traffic stop

One of the most common mistakes made by law enforcement is stopping a driver without probable cause. Under California law, an officer must have a valid reason to pull someone over, such as reckless driving, running a red light, or a broken tail light. Random stops or stops based on a “hunch” violate your constitutional rights under the Fourth Amendment.

If it’s determined that the officer lacked probable cause, all evidence obtained after the illegal stop may be deemed inadmissible in court. Without critical evidence, such as field sobriety test results or breathalyzer readings, prosecutors may have no choice but to dismiss your case.

How to Prove Lack of Probable Cause

Your criminal defense attorney in Hillcrestwill review dashcam footage, police reports, and witness testimony to determine whether the stop was lawful. If the officer cannot articulate a clear reason for the stop, your attorney may file a motion to suppress evidence.

2. Improper Administration of Field Sobriety Tests

Field sobriety tests (FSTs) are often used to determine if a driver is impaired. These tests include the walk-and-turn, the one-leg stand, and the horizontal gaze nystagmus test. While these tests are designed to assess coordination and focus, they are highly subjective and prone to error when not administered properly.

Common Issues with Field Sobriety Tests

• Untrained Officers: If the officer conducting the test is not adequately trained, they may misinterpret your performance.
• Environmental Factors: Uneven pavement, poor lighting, or inclement weather can make passing these tests challenging even for sober individuals.
• Health Conditions: Medical issues like vertigo, injuries, or neurological disorders can affect your ability to perform the tests.

If you’re Hillcrest criminal defense attorney can demonstrate that the FSTs were improperly conducted or that external factors influenced your performance, the validity of the test results may be called into question. This could greatly undermine the prosecution’s case.

3. Faulty or Inaccurate Breathalyzer Results

Breathalyzer tests are a key tool for law enforcement in DUI cases, but they are not foolproof. Several factors can lead to inaccurate results, which may provide grounds for dismissal.

Common Breathalyzer Issues

• Incorrect calibration: Breathalyzer machines need to be routinely calibrated to provide accurate results. If the device used during your arrest was not maintained properly, its results may be invalid.
• Officer Error: Failure to follow protocol during the administration of the test, such as not observing the 15-minute observation period, can render the results inadmissible.
• Medical Conditions: Certain conditions, like acid reflux or diabetes, can cause false positives on a breathalyzer test.
• Residual Alcohol: Mouthwash, gum, or recent alcohol consumption (within 15 minutes) can lead to inflated readings.

Your criminal defense attorney in Hillcrest will examine maintenance logs, testing protocols, and any relevant medical records to challenge the reliability of the breathalyzer results. If inaccuracies are uncovered, the evidence may be thrown out.

4. Failure to Follow Proper Arrest Procedures

DUI arrests must adhere to strict procedural guidelines. Any deviation from these procedures can jeopardize the validity of the case against you. Examples of improper arrest procedures include:

• Miranda Rights Violation: Law enforcement is required to read you your Miranda rights upon arrest. If an officer fails to do so, any statements or confessions you made during the arrest may be inadmissible in court.
• Unlawful Detention: Holding you for an excessive amount of time without formally placing you under arrest or charging you violates your rights. This can provide grounds for dismissal.
• Failure to Provide Implied Consent Warnings: California law requires officers to inform you of the consequences of refusing a chemical test. If this warning is not given, the results of the test may be invalid.
• Chain of Custody Errors: The prosecution must establish an unbroken chain of custody for any blood or urine samples taken during your arrest. Mishandling or mislabeling these samples can render them inadmissible.

What steps should you take if arrested for DUI in San Diego?

If you’ve been arrested for DUI in San Diego, it’s essential to act quickly and protect your rights. The first step is to avoid discussing your case with anyone other than your attorney. Anything you say can be used against you in court, so it’s best to remain silent and let your attorney handle communication.

Next, gather any evidence that may support your case, such as witness statements, medical records, or photographs of the arrest location. These can be valuable in challenging the prosecution’s claims.

Finally, consult with a Hillcrest criminal defense attorney as soon as possible. They can review the specifics of your case, identify potential mistakes by law enforcement, and develop a strong defense strategy.

Experienced San Diego DUI Lawyers Who Identify Police Errors for Stronger Defense

The key to successfully challenging a DUI charge often lies in identifying errors made by law enforcement. Experienced San Diego DUI lawyers have the expertise and resources needed to scrutinize every aspect of your case, from the initial traffic stop to the arrest and evidence collection.

At the heart of your defense is a thorough understanding of the law and how police protocols should be applied. A skilled Hillcrest criminal defense attorney can uncover mistakes such as:

• Lack of reasonable suspicion for the traffic stop
• Improperly administered field sobriety tests
• Breathalyzer malfunctions or operator errors
• Violations of your constitutional rights

With this knowledge, your attorney can file motions to suppress evidence, challenge the prosecution’s case, and negotiate for reduced charges or a dismissal.

When you are arrested for DUI in San Diego, don’t wait to seek legal assistance. Contact Vikas Bajaj, a trusted Hillcrest criminal defense attorney today to discuss your case and explore your options. With the right defense strategy, you can move forward with confidence and peace of mind.