Thursday, November 15, 2007

California DUI Breath Testing Attorney Defenses in California Drunk Driving Defense Lawyer Cases Part II

California DUI Breath Test Defenses for Criminal Lawyer San Diego California Pt. II:


Did the officer fail to follow proper San Diego DUI breath testing procedures, as taught in the California DUI Academy and as set forth in the training manual for San Diego DUI cases?

As your San Diego Drunk Driving Defense Attorney, the San Diego County DUI Law Center and San Diego DUI criminal defense lawyer Rick Mueller will look at the officer’s report if we are employed to find indications that support sobriety, are inconsistent with intoxication, or there is evidence that shows the officer did a poor investigation of alternative causes.

Was the officer properly trained in accordance with the standards of Title 17 of the California Code of Regulations, including but not limited to the requirement of being trained in the theory of the operation of the San Diego California breath test machine?

Your San Diego DWI Lawyer will want to know if there have been adequate and appropriate inspections of the San Diego DUI breath test machine by properly trained personnel in accordance to San Diego California DUI regulations.

Your DUI Attorney in San Diego will look for improper or inconsistent test results, and then determine if there were follow-up tests in that at least two results are within 0.02% of each other.

Your San Diego DUI Criminal Defense Lawyer may wonder if there is an abnormally high test result when you do not urinate for 3, 4 or more hours, because this is not physiologically possible.

If there is a rising blood alcohol level, there may be sufficient evidence to argue the actual BA at the time you were driving would have been lower than the time you in fact were tested, per the defense of your San Diego DUI - DMV Defense Lawyer.

If the officer obtains a BA reading below .08 and then waits to perform a second test in which he obtains a .08 and above reading, you may have a defense. Your DUI Attorney in San Diego will analyze for at least two consecutive similar San Diego DUI test results.

If the officer refused your request for a second, independent test and/or denied your request for a blood test, which is more reliable and deemed most accurate to obtain the BA, this may be a defense. Check with your San Diego DUI Criminal Defense Attorney.

Did the officer give you a chemical test admonition that cannot be understood through no fault of your own, as required by case law, including the case in which the San Diego DUI officer threatens potentially dire consequences?

Did the San Diego California DUI officer misstate the consequences regarding the suspension of your driving privileges?

Will your San Diego DUI Drunk Driving Defense Attorney figure out if the chemical test was obtained over 3 hours after driving ended? Under Vehicle Code section 23152, there is a rebuttable presumption one’s BA level was at or over the limit at the time of driving only if the test is within 3 hours.

If the officer makes an illegal, warrantless stop or arrests our client without probable cause, a good San Diego DUI DWI Attorney will contend it was an unlawful arrest in order to suppress the evidence and void the San Diego California DUI charge.

If the officer moves away from the location of the arrest, is subsequently fired, commits a crime and is indicted, retires or dies before the case goes to trial, we will use that to obtain a dismissal of your San Diego California DUI case.

Your San Diego criminal defense lawyer may discover whether the test room was contaminated, whether there was interference from a cell phone, an officer's radio, or someone smoking in or near the machine or a recently painted room, a shared power supply with a heater or other appliance because any one of these events may potentially cause an artificially high BAC reading in your San Diego DUI case.

Were the San Diego DUI Field Sobriety Tests were performed on a partial hill or slope, or at a bad location with heavy traffic?

Was there a curved road at the location of the arrest, as that can also affect your alleged bad driving, a possible defense to unlawful movement in lane, etc.?