5 More Common San Diego DUI Defense Mistakes
1. Compounding your legal problems after you’ve been charged with driving under the influence in San Diego.
Unfortunately, a fair number of San Diego DUI defendants make their situations much worse by behaving inappropriately following their arrest. If you throw a tantrum at the scene, resist arrest, flee from officers, or make incriminating statements after the fact, you can jeopardize what otherwise might be a pretty solid defense. Along those lines, defendants who drive after their licenses have been suspended or who willfully ignore terms of their probation can undermine their chances of reducing charges and penalties.
2. Accepting the results of a breathalyzer test as accurate.
Multiple reputable studies confirm what many DUI defense attorneys have contended for years -- that breathalyzer tests are often unreliable. Improper administration or maintenance of equipment, police bias, and chain of custody problems can all skew results. And if you're a diabetic; if you blow too deeply into the breathalyzer; or if you’re on certain medications, your BAC reading may be much higher than your actual blood alcohol concentration.
3. Accepting that the officers respected your Fourth Amendment rights.
In a surprising number of DUI cases, trained police officers fail to adhere to proscriptions against unreasonable search and seizure. If an arresting officer fails to explain your rights or otherwise ignores your constitutional protections, not only can you get the case against you thrown out, but in certain instances, you may be able to counter sue the city.
4. Ignoring rules of decorum and courtesy.
Police officers and prosecutors are people, too. Just because you’ve been arrested or detained doesn’t give you the right to lash out at law enforcement. Act respectfully and attentively. By showing up on time to court, dressing appropriately, and behaving non-threateningly, you can go a long way towards winning your argument.
5. Not collecting evidence.
It's always a good idea to take photographs of the accident scene (if you were involved in a DUI accident) and to collect contact info from eyewitnesses, such as names, telephone numbers, and addresses. This info can support your version of events at court.
To get fast and accurate advice about how to proceed with your San Diego DUI defense, look to Attorney Stephen R. Brodsky. For over two decades, Attorney Brodsky has served defendants in the San Diego region. He has lots of experience taking cases to trial, and he’s demonstrated excellent results. Go to WWW.CRIMINALATTORNEYSANDIEGO.COM for more information about Attorney Brodsky and his team, or talk to someone right now about your case at 1-800-GOOD-ADVICE.