Going out to dinner and having a drink with friends is a typical social activity as an adult. However, when you have multiple alcoholic beverages and become highly intoxicated, it is unsafe to drive home due to the amount of alcohol present in your system. In La Jolla, California, anyone with a blood alcohol content of 0.08% or above is considered too intoxicated to drive and can be charged with a DUI. Not only is their life at risk, but also other individuals on the road.
California takes driving while under the influence of alcohol very seriously, and the penalties that someone can face for a DUI charge can be severe. If you encounter a DUI charge in La Jolla, contact a California DUI defense attorney at Dod Law, APC. Not only do they have the experience to assist with your case, but also extensive resources and tools. It’s vital that you have someone familiar with California DUI laws when going through this stressful time.
4 Defense Strategies for a DUI Charge in La Jolla, CA
While some individuals may think that punishment is immediately carried out, the reality is that you have the right to present evidence against the charge and show your innocence or someone else’s negligence. Building a defense strategy is an essential process when preparing for your case. The following are four examples of commonly used DUI defense strategies that can assist you with your case:
Unreasonable Stop By a Police Officer
A police officer may claim that they had reasonable suspicion to pull you over. However, there must be more than a gut feeling for an officer to pull over a vehicle. For example, if a car is swerving or not stopping at a traffic signal, an officer can pull them over and question their behavior. If you were following the speed limit and other traffic laws, an officer does not have enough evidence to claim reasonable suspicion, and the evidence gained after that is inadmissible.
Improper Field Sobriety Test Protocol
A law enforcement officer must follow specific procedures when administering a field sobriety test (FST). If they fail to adhere to these protocols, the evidence gathered during the test can be deemed inadmissible. This is especially true if disrespectful, inappropriate, or overly intimidating behavior was shown toward the test subject. Field sobriety tests (FSTs) cannot work as the sole piece of evidence for someone being intoxicated while driving. There must be other forms of evidence that can work alongside the test.
Not Properly Testing and Storing Blood Alcohol Samples
A trained and licensed phlebotomist will need to be arranged by an officer for a proper blood alcohol analysis as soon as possible. Because the metabolism and other factors contribute to the rate at which alcohol is absorbed into the system, the content in the bloodstream can change. However, if an officer schedules an untrained laboratory technician or forces unreasonable wait times, the integrity of the test is at risk.
Some medical conditions cause individuals to experience similar symptoms to intoxication and can sometimes even cause false positive breathalyzer results. For example, individuals with diabetes can experience symptoms of “drunkenness.” They can have a type of alcohol caused by the fermentation of glucose in the bloodstream which can be found on a breathalyzer test.
Talking with your lawyer can help you build a strong defense strategy that you can feel confident in and trust. A DUI charge can impact your driving privileges, career choices, and even your reputation. If you’re at risk of a DUI charge, contact a criminal defense attorney immediately so you can discuss which option is best suited for you.
Do You Need a DUI Attorney for Your Case?
Whether you’re dealing with your first DUI conviction or have a prior charge, receiving assistance from a California DUI defense lawyer can significantly increase your chances of less severe legal consequences. If you are unfamiliar with the legal process of a DUI conviction, you may unknowingly make detrimental mistakes that can cost you your case. A DUI attorney can help navigate you through the complexities of your case, as well as help with the following:
- Answering questions about your case
- Researching and gathering evidence
- Formulating a well-written plea
- Examining and preparing witnesses
- Analyzing the prosecutor’s case
- Assess the potential sentences
Discussing your case with a dependable lawyer is vital and can change the result of your DUI conviction. The sooner you can talk with an attorney, the more time they have to build your defense and assist you with your legal needs.
Seek Assistance from a Dependable La Jolla DUI Lawyer
There are severe consequences that come with a DUI sentence. From expensive fines to possible incarceration, a conviction can turn your life upside down. When you work with a reliable California DUI lawyer at Dod Law, APC, you can count on your legal representation to protect and fight for your rights. We’ve worked with countless individuals from all across California and are ready to help those within the community of La Jolla.
With 17 years of experience, Attorney Dod has the experience and determination to help provide you with the best possible outcome for your case. He is a passionate individual who hopes to offer accessible communication and honest legal guidance to all those that seek his help.