Common Defenses for a DUI Charge
If you have been charged with a DUI, you do not automatically have to plead guilty. Your San Francisco, CA DUI lawyer may be able to come up with a viable defense for your charge. Here are a few common DUI defenses to be aware of.
- Illegal stop by police
The police can’t just pull drivers over whenever they feel like it. They must have a legitimate reason for stopping a driver. In the case of a DUI, a police officer must actually see you doing something wrong before pulling you over. For example, if you were speeding and swerving all over the road, the police officer has a reasonable reason to stop you. However, if you were obeying all the traffic laws and an officer still pulled you over, you may be able to argue that he or she didn’t have reasonable suspicion to stop you.
- Inaccurate breath test
If a police officer pulls you over due to suspicion of drunk driving, he or she may ask you to take a breathalyzer. However, certain procedures have to be followed with a breath test. If the officer fails to follow these procedures, your case may get thrown out. For example, if the police officer did not properly calibrate the breathalyzer machine, your lawyer may ask the judge to dismiss your case.
- Medical conditions
Certain medical conditions can make people appear drunk when they actually aren’t. If you, for example, suffer from a neurological condition, you may have slurred speech. If you have diabetes and are experiencing ketosis from it, your breath may have an alcohol smell.
- Failure to advise you of Miranda rights
If police place you under arrest for a DUI, they are required to inform you of your Miranda rights, which include the right to remain silent, the right to a lawyer, and the right to a court-appointed lawyer if you can’t afford to pay legal fees. If police do not advise you of your Miranda rights, the evidence they obtain afterward can’t be used in courts.
- Illegal search and seizure
Police do not have the right to search your vehicle if they have not placed you under arrest yet. If they search your vehicle without your permission, any evidence they find may be thrown out.
Contact Our San Francisco DUI Lawyer Today
At The Morales Law Firm, we’re as committed to your case as you are. We know that behind your case is a person with a future worth protecting, and we know that you shouldn’t pay for a minor mix-up for the rest of your life. When you contact us, you’re contacting a law firm that treats you like an actual human instead of just another case number, and we’re ready to help you every step of the way.
Get in touch with a San Francisco DUI lawyer today, and see how The Morales Law Firm can protect your future.
