San Diego Criminal Attorneys Blog
Within the last year in California, reports reveal that there were 882 fatalities due to drunk driving. As a result of this high number of fatalities, California strongly enforces its regulations regarding drunk driving. These consequences can follow an individual convicted of DUI around for a long time. If an individual is subject to a driving under the influence stop, there are certain pieces of advice that one needs to follow. It is recommended that the following pieces of advice be followed if an individual is subject to a driving under the influence stop:
- Argue You Were Not Under the Influence. Your attorney might very likely be able to show that evidence demonstrates that you were not intoxicated at the time that you were stopped by law enforcement.
- Blood Alcohol Content Defense. Because your body continues to metabolize alcohol after you drink, your blood alcohol content is not necessarily at its highest point after you’ve just finished your last drink. As a result, it may be possible to argue to law enforcement that your blood alcohol content was lower while you were driving rather than while you were operating the vehicle.
- DUI Checkpoint Methods Were Unlawful. Individuals who are subject to DUI checkpoints can not be stopped due to race or any other pretextual reason. If the police used any of this type of criteria to pull you over for a driving under the influence checkpoint, then you can argue that the stop was unlawful.
- Emergency Doctrine. A possible argument is that you were driving out of a necessity born from an emergency. This type of excuse requires that an objectively reasonable person would have driven, although intoxicated, under the same circumstances.
- Failure to Follow Proper Protocol. If law enforcement failed to follow proper protocol during a driving under the influence stop than an individual can argue that the result was unlawful because the stop was not lawfully conducted.
- Fourth Amendment Violation. To be pulled over, the police must have reasonable suspicion. If the police pulled over your vehicle for the wrong reason, then you can raise the argument that your fourth amendment rights were violated.
- Inaccurate Breathalyzer. Law enforcement must follow certain procedures when administering breathalyzer tests. If these procedures are not properly followed, then one can claim that the breathalyzer results are inaccurate.
- Involuntary Intoxication. If motorists can demonstrate that medication was accidentally taken that made the individual drunk or some other event occurred where the motorist ended up accidentally intoxicated then parties can argue that intoxication was involuntary.
- Miranda Rights Were Violated. When police hold suspects in custody, Miranda warnings must be provided. If Miranda warnings were not adequately provided, then parties can argue that the parties did not adequately provide Miranda warnings.
- Not Operating a Vehicle. You must be operating a vehicle to be convicted of driving under the influence. As a result, if you can demonstrate that either you were not driving the vehicle or that someone else was driving the vehicle, you cannot be convicted of driving under the influence.
If you find yourself facing a driving under the influence charge, do not hesitate to contact the skilled criminal defense attorney Sean Leslie.