There are actually two charges for a DUI allegation in San Diego County and the State of California. Therefore, there are two charges that require a defense. VC 23152(a) alleges that someone was under the influence at the time of operating a motor vehicle. VC 23152(b), which is the "per se" law, alleges that at the time of operating a motor vehicle, he or she had a BAC of .08% or more. Both VC 23152(a) and VC 23152(b) will be charged, unless someone refused to perform the chemical test.
There may be numerous defenses that an experienced DUI attorney can argue on behalf of someone charged with DUI. Below is a very small sample of the types of defenses I have put forth on behalf of my clients:
- the reason for the stop of their vehicle; that is, was it supported by specific, particularized, and individualized suspicion that they broke a law or was driving under the influence
- the length of the detention; did the detention last so long that it turned into an arrest, and if so, was it supported by probable cause
- the stop and detention if a DUI Checkpoint was the cause of their arrest; there are many guidelines that have to be followed when checkpoints are used to justify a stop
- the search or seizure of any items confiscated as a result of their arrest; for example, the chemical test reading or any evidence that is damaging to the case
- what facts did the police use to justify the arrest and was the arrest supported by probable cause; that is, were there objective symptoms of being under the influence; results of the field sobriety tests (FSTs); evidence of driving, etc.
- the science behind the chemical test evidence provided (if any) – whether it was blood, breath, or urine; was the machine calibrated correctly, was the guidelines in Title 17 followed correctly; is there relevant case law that can be argued to exclude the test results (McNeely); was there a rising blood alcohol; how was the blood sample stored and preserved; was there a 15 minute continuous observation before the breath test was performed; etc.
- the reason (if) someone refused to provide a blood, breath, or urine test; was the admonition articulating the consequences of a refusal adequately given
- the suspension of their Driver's License at the DMV hearing – challenging the stop of the vehicle; whether the person lawfully arrested; and did the person have a BAC of .08% or more at the time of driving.
DUI cases are incredibly complex and require an attorney that has the experience to provide a comprehensive defense. If you have been charged with a DUI, contact Kern Law, APC and speak with me personally about your case.