DUI Lawyer California - Drunk Driving Defense

DUI Lawyer √ Checklist

Your attorney will typically:

Request DMV hearing.
Appear in Court for you.
Examine evidence; conduct discovery.
Scrutinize breathalizer machine records.
Investigate conditions that may have caused a false BAC reading.
Investigate technical defects in case. Bring a motion to suppress.
Seek to have charges dropped or reduced. Negotiate with DA.
If necessary, prepare for trial.

The above is only a partial list of typical events in a DUI case. The proper course of action in your case will depend on the specific circumstances.

DUI Developments
People v. McNeal: Partition Ratio Evidence Allowed Some Repeat DUI Offenders Eligible For Restricted Licenses Sooner 2010 Brings New Pilot Interlock Program to Four California Counties California Police Increase Use of "Sniffer" Flashlights

Non-Alcohol (Drug) DUI

It is illegal to drive while impaired by any ingested substance, not just alcohol. Subpart (a) of California's principal DUI statute deliberately includes drugs other than alcohol in its definition:

"It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. . . . "

– Vehicle Code § 23152

The driver is guilty of DUI if he/she drives while impaired by any drug, even prescription medications prescribed by the driver's doctor. It is the driver's responsibility to drive only while not impaired by drugs. (The driver taking prescription drugs may have a defense, however, if the impairment resulted from an usual side effect that could not be reasonably anticipated.)

No Per Se Rule for Drugs

Subpart (b) of section 23152, which establishes that a driver with a blood alcohol concentration (BAC) of .08% or greater is per se guilty of DUI applies only to alcohol intoxication. That is, there is no per se rule where the driver is suspected of being impaired by drugs other than alcohol. Instead, the prosecutor must prove the driver's guilt by testimony that he/she was driving/behaving in a manner suggesting chemical impairment, buttressed, if available, by evidence from a blood or urine test showing the presence in the suspect's system of a drug with the potential to cause impairment.

Depending on the drug in question and the facts of the case, because there is no per se rule to contend with, a drug-related DUI charge can be easier to defend against than an alcohol-related charge.

Further DUI Concepts
The Typical Charges Why Multiple Charges?The Complaint What is Implied Consent?The DMV Hearing Field Sobriety Tests Penalties Problems With Breath Tests Ways To Beat the Charge Drug-Impaired Driving Key California Statutes Effect of Prior DUI Convictions

Why You Need Us

● You don't want a "100% DUI" settlement mill. We take our cases seriously and spend the time necessary to achieve the best results for our clients.

● The background and experience of our attorneys are first-class. Our lead attorney, Gordon M. Fauth, holds degrees from Harvard University and the University of California at Berkeley. He is on the Advisory Board of the American Bar Association. He is AVVO-rated "10.0 Superb," the highest professional rating given an attorney.

● Each state has its own separate DUI laws and regulations. California's are particularly complex. You don't want someone with a certificate from a weekend seminar in another state.

● You need lawyers – like us – who are knowledgeable and experienced in California law and procedure. Most of our attorneys are members of the California DUI Lawyers Association, the oldest drunk driving defense bar association in the United States.

● We won't charge you any more; but we'll give you a lot more for your money.

The DUI Checkpoint

DUI checkpoints operate under a different rationale than an ordinary traffic stop. ( . . . more)