Common DUI Defenses
If you’ve been arrested on suspicion of DUI in San Diego, you’re probably stressed, scared and uncertain. What happens now? How can you defend yourself? What San Diego DUI defenses can you use to maintain your innocence and keep your license?
It is recommended that anyone facing San Diego DUI charges arm themselves with the best possible attorney as soon as possible after their arrest. San Diego DUI Defense Attorney Stephen R. Brodsky will help draw together the San Diego DUI defenses you need to keep your license and avoid jail time and fines. Here’s a quick rundown of the most common defenses:
Blood Alcohol Content (BAC) Testing and Field Sobriety Tests: Officers use a barrage of field sobriety tests in addition to a blood alcohol content test through a breathalyzer or blood collection in order to determine that you are intoxicated at the time of arrest. Unfortunately, such testing can be inconsistent and is plagued by questions about its veracity, the proper training of the officer in question, the propriety of its administration, administration without violating your constitutional rights, etc. A good DUI attorney can punch holes in the field sobriety and BAC tests, even if you were found to have some blood alcohol content at the time. This forms one of the most common – and most effective – San Diego DUI defenses.
Arrest Circumstances: A good San Diego DUI defense lawyer will evaluate the circumstances that surround your pullover and arrest on suspicion of DUI. Though police officers will try to maintain that common traffic violations, inconsistent speeding or slowing, sudden stops, and slow reaction times mean you were intoxicated at the time, a savvy DUI attorney knows that other factors – distractions, road obstacles, and other unrelated behaviors – can cause actions that look as if they were related to DUI. Since an officer must have “probable cause” to pull you over in the first place, your attorney might argue that your only offense was a minor traffic violation – far preferable to a DUI.
Signs of Intoxication: Though many associate actions like slurring the speech, slow reaction times, poor balance, or enlarged pupils with drug or alcohol intoxication, a good lawyer knows that there are other reasons for these behaviors. For example, a speech defect or plain old nervousness at being pulled over by the police could account for your stuttering or slurred speech. Similarly, illnesses and conditions like asthma, allergies, or inner ear problems can contribute to behavior that is misinterpreted as signs of intoxication.
Don’t rely on this list of San Diego DUI defenses to keep you out of jail with your license intact. Your freedom – and your reputation – depend on your selection of a San Diego DUI attorney with the chops it takes to successfully defend you in a San Diego courtroom. Experienced, aggressive, savvy – Stephen Brodsky has what it takes to successfully represent your DUI case. Contact us today for a free, confidential case consultation.
It is recommended that anyone facing San Diego DUI charges arm themselves with the best possible attorney as soon as possible after their arrest. San Diego DUI Defense Attorney Stephen R. Brodsky will help draw together the San Diego DUI defenses you need to keep your license and avoid jail time and fines. Here’s a quick rundown of the most common defenses:
Blood Alcohol Content (BAC) Testing and Field Sobriety Tests: Officers use a barrage of field sobriety tests in addition to a blood alcohol content test through a breathalyzer or blood collection in order to determine that you are intoxicated at the time of arrest. Unfortunately, such testing can be inconsistent and is plagued by questions about its veracity, the proper training of the officer in question, the propriety of its administration, administration without violating your constitutional rights, etc. A good DUI attorney can punch holes in the field sobriety and BAC tests, even if you were found to have some blood alcohol content at the time. This forms one of the most common – and most effective – San Diego DUI defenses.
Arrest Circumstances: A good San Diego DUI defense lawyer will evaluate the circumstances that surround your pullover and arrest on suspicion of DUI. Though police officers will try to maintain that common traffic violations, inconsistent speeding or slowing, sudden stops, and slow reaction times mean you were intoxicated at the time, a savvy DUI attorney knows that other factors – distractions, road obstacles, and other unrelated behaviors – can cause actions that look as if they were related to DUI. Since an officer must have “probable cause” to pull you over in the first place, your attorney might argue that your only offense was a minor traffic violation – far preferable to a DUI.
Signs of Intoxication: Though many associate actions like slurring the speech, slow reaction times, poor balance, or enlarged pupils with drug or alcohol intoxication, a good lawyer knows that there are other reasons for these behaviors. For example, a speech defect or plain old nervousness at being pulled over by the police could account for your stuttering or slurred speech. Similarly, illnesses and conditions like asthma, allergies, or inner ear problems can contribute to behavior that is misinterpreted as signs of intoxication.
Don’t rely on this list of San Diego DUI defenses to keep you out of jail with your license intact. Your freedom – and your reputation – depend on your selection of a San Diego DUI attorney with the chops it takes to successfully defend you in a San Diego courtroom. Experienced, aggressive, savvy – Stephen Brodsky has what it takes to successfully represent your DUI case. Contact us today for a free, confidential case consultation.