5 Ways to Challenge or Get Evidence Suppressed in a DUI Case in California

Facing driving under the influence (DUI) charges in California, particularly in San Diego, can be a stressful experience.

However, it’s important to remember that not all evidence collected during a DUI investigation is automatically admissible in court.

You may improve the outcome of your case, potentially leading to reduced charges or even dismissal, by challenging the evidence against you.

Read on to explore five key strategies for getting evidence suppressed or charges dismissed in a DUI case, ranging from California Penal Code Section 995 motions to motions to suppress evidence and how San Diego DUI attorneys build robust defenses to protect your rights.

1. California Penal Code 995 Motion to Dismiss Felony DUI Cases

One effective pretrial tool at your disposal when facing serious felony DUI charges in California is the California Penal Code Section 995 motion to dismiss.

This motion applies when there is insufficient evidence to support the charges against you, that is, when there is insufficient probable cause to find that the particular counts should remain charged.

If the court grants your 995 motion, it may change or reduce the charges against you or dismiss them entirely.

An experienced San Diego DUI attorney can evaluate your case and determine whether a 995 motion suits your situation.

What is a Motion to Suppress Evidence?

In addition to the motion to dismiss, another powerful tool for challenging evidence in a DUI case is a motion to suppress evidence.

Governed by California Penal Code Section 1538.5, this procedure excludes illegally obtained evidence, that is, evidence that was obtained in violation of your constitutional rights.

You can use motions to suppress evidence to challenge several aspects of a DUI investigation, including:

• The initial traffic stop.
• Field sobriety tests.
• Breath or blood tests.
• Statements made to police.

By successfully suppressing key evidence, you can significantly weaken the prosecution’s case against you, increasing the likelihood of a favorable outcome.

2. Motion to Suppress the Initial Stop Under Fourth Amendment Violations

The initial traffic stop is one of the most critical moments in a DUI case.

Police officers must have a valid reason to pull you over, such as observing a traffic violation or having reasonable suspicion that you committed a crime. If the officer lacked probable cause for the stop, any evidence obtained may be considered unlawful and inadmissible in court.

Your California DUI lawyer can file a motion to suppress this evidence, arguing that the officer violated your Fourth Amendment rights against unreasonable search and seizure.

Suppressing evidence from an illegal stop also substantially undermines the prosecution’s case, improving your chances of success. In some cases, that could mean that the prosecution has no choice but to dismiss the case against you.

3. Challenging Unreliable Evidence From a DUI Sobriety Tests

Law enforcement frequently uses standardized field sobriety tests (“SFSTs” or “FSTs”) to assess whether a driver is impaired.

These tests, which include the horizontal gaze nystagmus (HGN), walk-and-turn, and one-leg stand, must be administered according to specific guidelines set by the National Highway Traffic Safety Administration (NHTSA).

If the arresting officer failed to adhere to NHTSA standards or the tests were conducted under conditions that rendered them unreliable (e.g., on uneven ground or in inclement weather), your criminal defense attorney can file a motion to suppress the sobriety test evidence.

Challenging the admissibility of FSTs can cast doubt on the officer’s conclusions about your level of impairment- which would be the basis for your arrest and weaken the prosecution’s case against you.

4. Challenging Chemical Test Evidence From Breath and Blood Tests

When arrested for DUI, California law requires drivers to submit a breath or blood test. If they were obtained after an unlawful arrest or by constitutionally prohibited conduct by the officer or deputy, they can be subject to suppression pursuant to Penal Code 1538.5.

Additionally, these tests are not infallible, and there are several grounds on which your attorney can challenge the results:

• Improper administration of the test.
• Uncalibrated or malfunctioning equipment.
• Failure to observe the required 15-minute waiting period before administering the breath test.
• Rising blood alcohol content (BAC) defense, arguing that your BAC was below the legal limit at the time of driving but rose by the time the officer administered the test.

By identifying the proper issues, your attorney can potentially have the results excluded from your case, making it more difficult for the prosecution to prove the allegations against you.

5. Motion to Suppress Statements Made to Police Under Miranda

After your DUI arrest, police officers must inform you of your Miranda rights before conducting a custodial interrogation. These rights include the right to remain silent and the right to an attorney.

If the officers failed to properly advise you of your Miranda rights or continued questioning you after you invoked your right to remain silent or requested an attorney, any statements you made may be inadmissible in court.

Your San Diego DUI attorney can file a motion to suppress these statements, arguing that law enforcement obtained them in violation of your Fifth and Sixth Amendment rights. Excluding incriminating statements can significantly impact the strength of the defense’s case.

The Importance of a Comprehensive DUI Defense Strategy

While the five strategies discussed above are highly effective in challenging evidence or getting evidence suppressed, it’s crucial to remember that every DUI case is unique.

The best approach for your case will depend on the facts and circumstances surrounding your arrest.

How criminal defense attorneys help

A skilled San Diego DUI lawyer develops a comprehensive defense strategy tailored to your needs.

These advocates thoroughly investigate the case, identify the weaknesses in the prosecution’s evidence, and utilize the appropriate motions and legal arguments to fight for the best possible outcome.

Skillful negotiations

In addition to challenging evidence, your attorney can also negotiate with prosecutors for reduced charges or explore alternative sentencing options. Taking a proactive and educated approach to your defense minimizes the impact of a DUI charge on your life.

Take Action Now Against DUI Charges in California

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future. Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.