Charges for driving under the influence are nothing to take lightly. Not only can you get your driver’s license suspended, but you can also end up being penalized with expensive fines, restrictions from probation and possibly even jail time. There are numerous cases in which individuals are faced with wrongful DUI charges—perhaps they had some alcohol in their systems but were not actually under the influence, or perhaps they were victims of malfunctioning DUI testing equipment or other errors that led to wrongful allegations. There are many different types of defenses that can be used in DUI cases. Some of these include the following:

  • Improper administration of DUI tests by officer or medical personnel
  • Errors in the lab that processed blood or urine test results
  • DUI testing equipment not working properly
  • DUI testing equipment not properly maintained (including lack of proper calibration)
  • Inconsistencies in officer reports and/or officer testimony
  • Inconsistencies in witness reports and/or testimony
  • Lack of probable cause for police stop
  • Rule violations in DUI checkpoint

It is important to remember that the procedures used for DUI testing are not perfect—there are many opportunities for these forms of testing to be compromised by either technological or human error. There have actually been stories in the media where the mistakes of one lab technician compromised hundreds of DUI test results, or where technological problems with breath testing machines were uncovered. Furthermore, many have raised questions over whether field sobriety testing is actually a subjective way of determining impairment, considering that the tests are so reliant on officers’ personal observations.

You can turn to The Law Office of Marc S. Kohnen for assistance building the DUI defense plan that is right for your particular case. Our San Diego DUI lawyers can sit down with you, review the evidence and help you determine the best approach for challenging your DUI charges.
Contact us so we can help you get started!