San Diego DUI Charges, Common Questions

The San Diego DUI defense lawyers at Steigerwalt Law Firm offer these answers to the most common DUI questions:

If you have been charged with drunk driving, contact the San Diego DUI Defense Lawyers at Steigerwalt Law Firm for a no-charge, no-obligation initial consultation. We look forward to helping you.

Who was Driving?
The prosecution must prove that the defendant was in fact the one driving the vehicle. In a case where there are no witnesses to an accident, intoxication is not enough.

Was there Probable cause?
There must be evidence provided that the officer had probable cause to stop, detain and arrest.

Were you read your Miranda Rights?
If the arresting office did not timely give a Miranda rights warning to the defendant, the defendant’s incriminating statements may be excluded from the evidence in court.

Were you given implied consent warnings?
In some states (including California), if a chemical test was refused or given incorrectly, and you were not advised of the consequences of this, it may be a reason to invalidate a DMV license suspension based upon your refusal to provide a breath/blood sample.

Were you assumed to be under the influence?
The officer’s observations and opinions that you failed the test can be questioned. The circumstances under which the field sobriety tests were given can be disputed, and witnesses can be called to testify that you appeared to be sober.

Faulty tests created a skewed blood-alcohol concentration?
There exists a wide range of potential problems with blood, breath or urine testing. Many different defects in analysis can be brought out in cross-examination of the state’s expert witness.

Were you tested during the absorptive phase?
The blood, breath or urine test will be unreliable if done while you are still actively absorbing alcohol. Food in the stomach slows alcohol absorption and may delay it from reaching the brain, so the blood alcohol test results will not accurately show how sober you were.

Was the protocol followed during the blood-alcohol testing?
The prosecution must prove that the blood, breath or urine test complied with state requirements.

If you or someone you love has been charged with a DUI or a DUI-related offense, you need to act quickly and contact the San Diego DUI Defense Lawyers at Steigerwalt Law Firm immediately. If you delay, you risk putting your freedom, property, and livelihood in jeopardy, and every second you hesitate is less time for our attorneys to help protect your rights. Contact us for a no-charge, no-obligation initial consultation. We look forward to helping you.

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