There are a number of breath test defenses utilized in San Diego DUI cases. Today, San Diego drunk driving criminal defense attorney discusses four listed such defenses mentioned at the bottom of this San Diego DUI Lawyer breath test defenses web page: 1) The People of the State of California fail to prove at DMV and/or DUI Trial that the San Diego DUI breath testresults were administered within the 3 hour statutory time, i.e. San Diego DUI test within 3 hours after driving concluded, thereby making unavailable the rebuttable presumption that the San Diego DUI arrestee’s BAC was at or over .
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08% at time of driving. 2) Your San Diego DUI Attorney shows sufficient alcohol was consumed during driving, after driving ended or before police arrived. Witness(es) need for a San Diego DUI lawyer to do so. 3) San Diego DUI Officer gets fired, indicted, retires, moves away, or dies.
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This happened in San Diego over past year.
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4) In handling the case, San Diego DUI officer commits California crime (e.g., obstruction of justice or perjury) in an effort to conceal evidence; state cannot proceed, or more often makes an illegal, warrantless stop or arrests you without probable cause. Not always easy to establish but if a San Diego DUI lawyer does so, a dismissal of the DUI may be in order.
