5 Defenses to Use Against DUI Checkpoint Charges This Holiday Season in San Diego

Posted on: December 6th, 2024 by Dod Law

DUI Holiday Checkpoints in San Diego

Are you struggling to challenge the DUI charges brought against you after you were stopped at a DUI checkpoint? There’s good news for your criminal case. You can connect with a California DUI attorney to contest findings discovered at a DUI checkpoint. Our efforts can protect you from unreasonable fines, jail time, and other legal consequences.  Learn more about DUI Holiday checkpoints in San Diego. 

We individualize the defenses we use to protect our clients on a case-by-case basis. That said, we also know how to systematically attack the prosecution’s attempts to charge you with a DUI. Dod Law will work with you to ensure that your rights are protected against DUI checkpoint charges. 

5 Defenses Against DUI Checkpoint Charges Over the Holidays

There are many defense techniques your lawyer may employ for your charges. Some of them include:

Breath Test Errors and Other Screening Errors

Numerous issues during a test can impact its validity, as testing devices may malfunction, environmental factors may contribute to false positives, and other issues can lead to test results being thrown out.

Most alleged offenders will be asked to complete a series of field sobriety tests designed to confirm the suspicions of police officers. People can fail these tests for various reasons that have nothing to do with intoxication, and the results of the tests may be disregarded.

Police officers in California may also administer a Preliminary Alcohol Screening (PAS). The portable PAS machine can involve false positives because of certain foods, drinks, medicines, or other products. Alleged offenders can refuse to take the PAS, but refusing a chemical breath test or blood test at the station will lead to a one-year driver’s license suspension.

Inaccurate Blood Alcohol Assessments

Blood alcohol rises over time. Someone who fails a breath test at the police station may be able to successfully argue that his or her BAC was below the legal limit when he or she was driving.

Title 17 Violations

Title 17 of the California Code of Regulations establishes rules about how the government must conduct blood tests, breath tests, and urine tests in DUI cases. A Title 17 violation may be an indication of BAC results being inaccurate, possibly leading to a prosecutor agreeing to a plea bargain for a lesser charge, a jury returning a not-guilty verdict for the alleged offender, or a prosecutor dismissing the charges altogether.

Lack of Probable Cause |DUI Holiday Checkpoints

A police officer needs to have some suspicion that an alleged offender violated a traffic law or engaged in criminal activity when they pull them over. When an officer does not have probable cause relating to a DUI arrest, evidence may be suppressed.

Inappropriate Checkpoint Operations

Police departments all over California often set up DUI checkpoints to try and catch drunk drivers, but checkpoints must follow strict state laws to be legal. This means that police departments must follow a predetermined formula for stopping vehicles (such as every fourth or fifth car) and publicly advertise the checkpoint. Failure to abide by these rules can lead to checkpoint arrests being thrown out.

Dod Law Defends Against Wrongful DUI Charges | DUI Holiday Checkpoints in San Diego

You’re not out of luck if you’re arrested at a DUI checkpoint. You can work with Dod Law to challenge the criminal accusations leveled against you. We understand how inconsistent DUI checkpoints can be, and we’re not afraid to point out a checkpoint’s flaws if you’ve been falsely accused of driving under the influence.

To schedule a free consultation with a member of our first-class legal team, call us today at our San Diego office (619) 329-8021 | Orange County office 949-681-7020  | Vista office 760-283-6715 | or schedule an appointment by filling out our online contact form