DUI

If you are accused of driving under the influence (DUI or DWI) in California, the consequences may include fines, driver's license suspension or revocation, and jail time. In addition, your insurance company will likely raise your rates to a point where they may not be affordable. The consequences may even be more severe if you have a professional license from the State of California. As your DUI Attorney, your rights need to be protected. We are DUI DWI Defense Lawyers that are experienced and can make the difference. We are available to help with the DMV in the driver's license administrative revocation or suspension hearing. In those instances in which there may be property damages and/or personal injuries as a result of a DUI, we are available to assist you in resolving the matter with the adverse insurance company and your own insurer.

COUNTLESS DEFENSES 

TO A DUI CASE

- INCLUDING -

MISTAKES MADE BY ARRESTING OFFICER

ILLEGAL ARREST BY LAW ENFORCEMENT OFFICER

UNRELIABLE BREATH TEST

 INAPPROPRIATE BREATH TEST

INCONSISTENT BREATH TESTS

INADMISSABLE BREATH TEST

INCONSISTENCIES SHOWN BY VIDEO TAPE &/or INDEPENDENT WITNESSES

INADMISSIBLE BLOOD TEST RESULTS

INAPPROPRIATE BLOOD TEST RESULTS

1. Did you know that the law enforcement officer who stops your vehicle has to observe you for an entire 15 minutesbefore taking the breath sample. As your DUI Attorney, we will determine whether you were left alone or out of the sight of the officer at anytime prior to taking the test, including being placed in a holding room or cell, using the men’s restroom or making a telephone call. Similarly, we will inquire whether the officer included any of the transportation time as part of the required 15 minute observation period.
2. We will inquire whether you had trouble holding food/liquid down and/or began to vomit or belch during the 15 minute observation period before the test.
3. Additionally, as your DUI Lawyer, we want to know if you belched or burped during the 15 minute observation period before taking the breath sample.
4. In certain DUI DWI defense cases, we may determine that the breath test is unreliable and inappropriate , and therefore the results and/or evidence obtained thereafter inadmissible. Some examples include the following:
   1. We want to know if you have a medical condition, such as diabetes or is hypoglycemic because these individuals that consume alcohol can also produce a high acetone level which the body converts into isopropyl alcohol.;
   2. We inquire if our client has a dental problem, such as gum disease/gingivitis/pockets around roots, dentures or bridgework. It has been reported that these conditions can trap mouth alcohol and contaminate the results of a breath test.
   3. We want to know if prior to our client's arrest, as your DUI Attorney whether you were diagnosed with a hiatal hernia, reflux disease or an intestinal problem;
   4. We also want to know as the client of our DUI Lawyer, if you have a respiratory problem, such as asthma, bronchitis, emphysema or chronic obstructive pulmonary disease.
   5. Immediately preceding the DUI DWI arrest, as your DUI Defense Attorney, if you used Breath Drops or mouth spray that contained alcohol.
   6. We inquire if you consumed alcohol that is an ingredient of Nyquil, Vicks Formula 44 or other brand cough medicine, or in the event you used a lip balm, or possibly toothache drops if we are your DUI Attorney.
   7. Similarly, there are other substances that may have been ingested shortly before the breath test that may interfere with and/or produce incompetent test results, including products such as Skoal brand snuff.
      
   8. In the case where there are independent witnesses, we will ascertain if your actions, behavior or conduct are inconsistent with and do not match the breath test results.
   9. In the case where there is a Video tape, we want to know if it demonstrates your actions, behavior or conduct is inconsistent with and does not match the breath test results.
   10. Recently, more and more of the California population are on the Atkins high protein diet. We may be able to present an argument that such an individual can trigger an auto-generated alcohol production when they introduce carbohydrates to their body, thereby converting ketones into isopropyl alcohol.
   11. If we are selected as your DUI Attorney, we will determine if there has been any recent exposure to toxic substances, volatile fumes, including lacquer substances, gasoline, paint, dry cleaning fluids or even brand 409 housecleaner, because they can produce a chemical interference with, and therefore, cause an elevated breath test result.
   12. If you are our DUI Defense client and was involved in an automobile accident and the air bag inflated, we will determine if there was exposure to the propellant and/or lung and airway irritation causing fluid build-up from the caustic gas propellant.
   13. As your DUI Lawyer, we want to know whether you had an elevated breath temperature at the time the test was performed as a result of high fever, having recently used a sauna or hot tub, or was detained in the back of the patrol car in summer, or was standing in the hot sun, dancing, running, heavy exercising, or for women who are having a menstrual cycle.
   14. We also inquire as your DUI Attorney if you had a blowing pattern irregularity at the time of the breath test, because it can produce artificially high water vapor and thereby cause the test to be unreliable, as in the case in which our client was crying.
5. We want to know if the officer failed to follow procedures and protocol, taught in the Academy and/or written in the training manual as your DUI Attorney.
6. We will look at the officer’s report if we are employed to find indications that support sobriety, are inconsistent with intoxication, or there is evidence that shows the officer did a poor investigation of alternative causes.
7. We want to know if the officer was properly trained in accordance with the standards of Title 17 of the California Code of Regulations, including the theory behind the operation of the breathalyzer machine.
8. As your DUI DWI Lawyer, we want to  know if there have been adequate and appropriate inspections of the breathalyzer machine by properly trained personnel.
9. We will look for improper or inconsistent test results, and then determine if there were follow-up tests in that at least two results are within 0.02% of each other.
10. Another defense we can raise is when there is an abnormally high test result, but our client does not urinate for 3, 4 or more hours since this is not physiologically possible.
11. If there is a rising blood alcohol level, there may be sufficient evidence to argue the actual BA at the time you were driving would have been lower than the time you in fact were tested.
12. If the officer obtains a BA reading below .08 and then waits to perform a second test in which he obtains a .08 and above reading, we will assert a defense to this case as well. Our skilled attorneys look for at least two consecutive similar test results.
13. If the officer refused your request for a second, independent test and/or denied your request for a blood test, which is more reliable and deemed most accurate to obtain the BA, this is a defense we will assert as your  DUI Defense Attorney.
14. We will inquire whether the officer gave you a chemical test admonition that is too broad, including the case in which he threatens dire consequences and there is no factual basis for such a warning, and/or the officer misstates the consequences regarding the suspension of one’s driving privileges.
15. We want to know if the chemical test was obtained over 3 hours after driving ended because there is a rebuttable presumption one’s BA level was at or over the limit at the time of driving only if the test is within 3 hours.
16. If the officer makes an illegal, warrantless stop or arrests our client without probable cause, we will argue it can invalidate the DUI charge.
17. If the officer moves away from the location of the arrest, is subsequently fired, commits a crime and is indicted, retires or dies before the case goes to trial, we will use that to obtain a dismissal of your case if you request us to be your DUI Attorney.
18. And, there are many more defenses, including a determination as to whether the test room was contaminated; interference from a cell phone, an officer's radio, or someone smoking in or near the machine or a recently painted room; a shared power supply with a heater or other appliance because any one of these events can potentially cause an artificially high BA reading;
19. We also want to know if the Field Sobriety Tests were performed on a partial hill or slope, &/or a location with heavy traffic.
20. We want to know if there was a curved road at the location of the arrest, as that can also affect our client's driving (possible defense to weaving out of lane).
21. We want to know as much as possible regarding the test process, including: 

• if the test operator has a current certification.
• when the test machine was last certified.
• when the test machine was calibrated.
• was the mouthpiece changed before the test is given.
• was a record of the temperature of the calibrating solutions in the machine maintained.
• is there a log of the tests run for the test machine in question.
• how frequent the calibration solution has been changed in the test machine.