Driving Under the Influence (DUI)

DUI

Driving under the Influence, also known as a "DUI", occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit.


DUI’S are the most common type of crime.  We all know at least one person in our life who has been convicted of a DUI.  Unfortunately, many lawyers out there take on DUI cases because there is a myth that they are easy money.  The truth is that DUI cases are severely complex and difficult if your attorney is exploring all defenses available.  These can include attacking the blood-alcohol evidence, filing motions to suppress for illegal search and seizure issues or hiring expert witnesses to testify about the effects of alcohol.

If you or someone you know has been charged with a DUI, then call (858) 444-5256 or use our contact form to schedule a free consultation with an attorney experienced in defending DUI cases.

Possible Defenses

DUI cases can be very complex because of the scientific nature of the blood alcohol evidence.  In every case, the prosecution is alleging that the drove with a BAC above the legal limit.  The evidence of a defendant's BAC will come from either a blood sample or a breath sample taken by the police just after the incident.

 

Defense Against Blood Sample

There are many possible defenses to cases where a blood sample was taken.  The first step in blood sample cases is to file a motion with the court to have the blood sample split so that the defense can have an independent lab re-test the results.  With the re-test we can determine the following:

  • Blood Alcohol Content
  • Preservative Levels in the Sample
  • Blood Type

This re-test is extremely important because we can verify the accuracy of the police crimes lab as to the BAC.  Additionally, we can determine if the police used the correct amount of preservative in the blood.  If the preservative level is too low, then blood can begin to ferment and produce alcohol, which will effect the results.  Additionally, if your blood type is wrong, then they have mixed up the samples and will be unable to prove BAC in trial.

 

Defense Against Breath Sample

There are many possible defenses to cases where a breath test was used.  Most commonly, there are Title 17 defenses as to the calibration and usage of the machine.  Second, the breath test is inherently inaccurate. The results have a range of innaccuracy of approximately 0.03.  Thus, if you tested at a 0.10, then your range is really from 0.07 to 0.13.  In this case, 0.07 is not guilty.

 

General Defenses

In addition to attacking the BAC scientifically, there are general defenses inlcuding:

  • Rising Blood Alcohol Defense
  • Expert Testimony regarding the effects of alcohol
  • Expert Testimony regarding the inaccuracy of field sobriety test

In any case, the defense may vary depending on the facts.  Call today to discuss your specific facts with an experienced DUI lawyer.

 

The DMV Hearing

It is imperative that you request a hearing with the DMV within 10 days of your arrest!  If you fail to do so, then your license will automatically be suspended by the DMV, even if you are found not guilty in the criminal case.

 

Your attorney can request the hearing for you, but it must be done with in the 10 day period.

 

The DMV hearing itself is extremely one-sided and unfair.  The DMV hearing officer acts as both prosecutor and judge. Therefore, when your attorney objects to evidence being introduced by the hearing officer, the hearing officer is the one who rules on the objections!

 

Because these hearings are unfair and complex, it is important to have an attorney experienced in DUI cases to represent you to help avoid a license suspension.

The Punishment

Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device.

In addition, a DUI conviction stays on a DMV record for several years, it typically results in higher insurance premiums, and an offender may become ineligible for credit.  Plus, a DUI could also jeopardize your employment opportunities.

 

The punishment for each case can vary depending the BAC content, any prior offenses, and aggrivating circumstances, such as injury to any victims.

 

Call today to discuss the specifics of your case, to determine the range of punishments.

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