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 Gordon M. Fauth DUI – Guilty Until Proven Innocent? DUI, also called "driving while intoxicated" (DWI) or simply "drunk driving," is a serious charge in California. With constant enhancements by lawmakers, it has become a complex and confusing area of law. It's also an area in which due process and the right against self-incrimination have been seriously eroded. For example, upon stopping the suspected DUI driver, the police officer typically asks the driver to step out of the vehicle and perform various physical sobriety tests. The "results" of these tests will be used as evidence against the driver; yet, the officer does not reveal that, if the driver is 21 or older, these roadside tests are voluntary and can be declined. Once arrested, the motorist suspected of DUI is forced by law to submit to a potentially incriminating chemical test – a blood, breath or urine test. Further, the arresting officer is allowed to seize the suspect's license, replacing it with a 30-day temporary license. Unless the accused requests a DMV hearing within 10 days, the accused's license will be automatically suspended, without any consideration of the evidence. And, that's just the beginning. Our Attorneys Will Protect Your License and Your Freedom Fortunately, you still have rights. But, you need an aggressive lawyer to protect and assert your rights. For example, we will examine whether the prosecution's evidence was lawfully collected. Under the Constitution and California law, the record must show that the police officer had a "reasonable suspicion" that a traffic violation was committed before making the traffic stop. Then, following the roadside investigation, there must have been "probable cause" for the arrest of the driver on suspicion of impaired driving. Otherwise, we can and will move to have the evidence suppressed and the case dismissed. We also examine whether the tests for alcohol or drug intoxication were carried out according to the required protocols, with a proper chain of custody shown for all physical evidence. We Look For – and Find – Defects in the Prosecution's Case In preparing a defense, we scrutinize each relevant factor carefully. We demand and obtain the prosecution's evidence against the accused driver. We examine the record and evidence for technical defects in the case. If a breathalyzer test was used, we determine whether the procedure was correct and the machine properly calibrated. Where the chemical test was a blood test, we order an independent analysis of the stored sample. Where appropriate, we investigate medical and other conditions that may have caused a false blood alcohol reading. We seek to have all tainted evidence suppressed. We use any technical defects we find to build a strong defense, in preparation for settlement or trial. Call us today to discuss your case, without charge and without obligation. If you have been charged with driving-under-the-influence, you are far from alone. It is estimated that 20% of all men in the United States are convicted of DUI by age 40 (and women are catching up fast). Many famous personalities have drunk driving convictions in their backgrounds, including our current President and Vice-President. President Bush was arrested for "operating under the influence" in Kennebunkport, Maine, in July 1976 . Bush was 30 at the time. Vice-President Cheney was convicted of "operating a motor vehicle while intoxicated" twice; in Cheyenne, Wyoming, in 1962, and again in Rock Springs, Wyoming, in 1963. |
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