Arrested for a DUI? How Our California Criminal Defense Lawyers Can Help
Many people who are arrested on DUI charges have never had any interaction with the criminal justice system. It is understandable why such people may think that they have few options when it comes to defending themselves against the charges. Fortunately, there are steps that an experienced attorney can take to ensure that your rights are protected throughout the process. Under some circumstances, it may be possible to gain a dismissal of the charges.
DUI Charges May Be Dismissed If You Were Stopped In Violation of the Fourth Amendment
The Fourth Amendment to the US Constitution guarantees the right against unreasonable search and seizure by law enforcement. Pursuant to this amendment, the police may not stop your vehicle unless they have reasonable suspicion to believe that you have committed a crime. This reasonable suspicion can stem from something as simple as an illegal lane change or driving in excess of the speed limit. Officers may not, however, stop you on the basis of a “hunch” that you are doing something wrong.
An example of a Fourth Amendment violation may include an officer who pulls an individual over due to the fact that they were driving ten miles per hour under the speed limit and seemed “suspicious.” Driving ten miles per hour is not illegal. If the officer can cite no other reason for pulling the individual over, then it may be possible to gain a dismissal of the charges. This is just one example of how the Fourth Amendment can apply to a DUI case.
Unreliable Or Improperly Administered Tests Can Result in Dismissal of DUI Charges
Police officers regularly conduct preliminary alcohol screening tests when they have pulled someone over for a DUI. Breathalyzer tests may also be administered. If the test results are unreliable due to improper administration of the tests or inadequate officer training, then the use of the results in court proceedings may be challenged. Examples of such errors by law enforcement can include the use of a breathalyzer machine that was not properly calibrated, etc.
Challenging the Admissions of Blood Tests and Other Test Results
The results of blood tests and other testing are handled by many different members of law enforcement before a case proceeds to trial. These results must be properly handled at each step of the way. Also, the handling of the results must be documented by those who are involved in processing the results and preserving them for trial. If the handling of any results is not properly documented, from start to finish, then it may be possible to have them ruled inadmissible due to violations of the chain of custody.
Contact a San Luis Obispo DUI Lawyer Today
If you have been arrested for DUI, it is important to contact an attorney immediately. Our firm is dedicated to protecting the rights of individuals, and we look forward to being of assistance. Contact us online or at 805-546-8797 to schedule an appointment with a San Luis Obispo DUI lawyer.