Charges for driving under the influence can lead to jail time, fines, probation, a driver's license suspension and other serious consequences. A mark will show up on your record if you are convicted and this information is open to the public, including to your employer. Fighting the allegations can clear your name, free you from penalties and keep your record from the stain. It is possible to fight a DUI charge and there are many valid reasons for charges to be reduced or dropped. When you do not fight the allegations, you are only telling the court that you are in fact guilty. For a high level of defense, contact the San Diego criminal lawyers at our firm. Below are some possible defense options but when you contact our team we can provide further understanding of what we may be able to do in your case.
One of the first available defense options is that the symptoms that you were displaying that led an officer to view you as guilty, were not actually the results of alcohol. You may have had a redness to your face, watery eyes, seemed to have poor balance and slurred your speech, but there can be other causes for this including, nervousness and allergies. You may have had alcohol on your breath, but that can be caused by one drink and not solely the amount of alcohol that would make you intoxicated. A Field Sobriety Test could have been administered but many people are incorrectly found guilty. The officer may have viewed the results wrong or there could be other factors that influenced the results. You may have taken an HGN test but if you were facing the lights of oncoming traffic this could have caused a reaction in your eyes. A
chemical test could have been administered but not all officers are properly trained and the devices can be faulty as well. You also may not have been tested until you were arrested and taken to the station. You could have had the alcohol right before you got in your car, when there was not yet enough time for it to move into your bloodstream and begin to influence you. The officer took you into custody when you were not actually drunk, but by the time they drive you to the station you may be intoxicated. This doesn't mean you were drunk while driving and it doesn't mean that you broke the law.
In order to better assess if you have been drinking, an officer should watch you for a certain period of time. They may not have done this and had insufficient reason to accuse you. Also possible to be insufficient is the reason for why you were pulled over. An officer can't just pull anyone off the road without accurate reason to suspect they have been drinking unless through a checkpoint where cars are randomly inspected. Failing to follow the proper protocol can be reason for evidence to be thrown out or for charges to be dismissed in some cases. You may have been speeding, making an unsafe lane change or driving in an overall unsafe manner, but that doesn't mean that you were intoxicated while doing so.
A speeding ticket is not the same as a DUI charge and if you were just speeding then you should not be penalized in the same manner. There are many options for disputing accusations of drinking and driving but it is important to find the defense strategy that is right for your case. Call our office and discuss your situation with our San Diego criminal lawyers.