Criminal Defense

Are DUIs More Common During the Holidays?

Finding yourself facing DUI charges during the holidays can turn what's supposed to be a cheerful season into an overwhelming and scary time. If you or a loved one has been arrested for suspected drunk driving in San Diego during the holidays, you need an experienced criminal defense lawyer on your side.

Why Are There More DUI-Related Accidents During the Holidays?

  • Festive Drinking: Holiday office parties, family events, and New Year's Eve all encourage indulging in alcohol, sometimes to excess. 
  • Stress & Depression: Many feel increased tension and loneliness during the holidays, with financial pressure, family demands, or travel exhaustion. 
  • Reduced Police Presence: With cops taking time off over the holidays, there are fewer patrols monitoring for drunk drivers. Those drinking may feel they can avoid being caught.

Defending Your Rights

If you or someone you care about is charged with DUI in the San Diego area during the holidays, a skilled criminal defense lawyer can thoroughly examine the evidence and build a strong defense. Here are some potential ways a skilled criminal defense lawyer may be able to get a DUI charge dismissed or reduced in California:

  • Challenge the validity of the traffic stop: If the officer didn't have probable cause to pull you over in the first place, evidence obtained after can be excluded.
  • Dispute the field sobriety tests: These tests have flaws and are subjective. A lawyer can contest their administration and results.
  • Question the breathalyzer test: Machines have margins of error and need proper maintenance. Results can be disputed.
  • Have blood test evidence thrown out: Blood draws need to follow strict rules on who conducts them and when. Any deviations can make the evidence inadmissible.
  • Raise doubt about blood alcohol content (BAC): Errors in recording numbers, accounting for body size, or machine calibration can undermine BAC calculations.
  • Argue rising BAC defense: It's possible your BAC was below the legal limit when driving, even if above it when tested later.
  • Challenge officer observations: Subjective statements about appearance, coordination, speech patterns, driving behaviors, and more can be called into question.
  • Identify improper police procedures: The case can be challenged if the officer doesn't read your rights or follow protocols during arrest.
  • Check for Miranda rights violations: Anything you said before being read rights may be inadmissible.
  • Uncover problems with arrest reports: Any mistakes, discrepancies, or omissions in police reports can raise doubts about the case.

Every DUI case has weaknesses. An experienced criminal defense attorney will aggressively leverage these weaknesses to try to get charges reduced or dismissed. Don't leave your fate in uncertain hands. Call a trusted San Diego criminal defense lawyer today for a free case review.

Contact The Law Office of Elliott Kanter Today

Are you facing criminal charges after a DUI? The Law Office of Elliott Kanter can help. Lead attorney Elliott Kanter has over 40 years of experience helping people when faced with criminal charges. Contact Elliott through the website or call the office at (619) 231-1883 to schedule a consultation.

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