San Diego DUI?

You can successfully challenge an arrest for Driving Under the Influence

A dramatic reduction of the DUI charges filed against you, or even a complete dismissal, can be achieved without the need (or additional cost) of a jury trial by combining extensive preparation and aggressive negotiation. Our San Diego DUI Attorneys can help you save your license and avoid a DUI conviction by using the law to your advantage.

California and Federal DUI Law mandates that specific procedures be followed at every stage of your “DUI arrest.”  So, for example, when an officer fails to follow the necessary steps, or cannot articulate a legal justification for what s/he did, that can be used to have the charges against you reduced or dismissed in court and you could retain your privilege to drive.

Police, Prosecutors & San Diego DUI Attorneys have specific rules to comply with

Did the officer follow every rule? Did s/he cut corners? Which prosecutor will be assigned to your case? Will the Judge in your case be understanding or not? Which rules of law apply in your UNIQUE situation? Do you know if your case is the exception or the rule? With so few answers available immediately after your San Diego DUI arrest it is understandable to feel less than hopeful and overwhelmed but don’t assume there is nothing you can do.

Our skilled DUI Attorneys are extremely experienced and successful in fighting San Diego DUI cases which, as you may know by now, are actually comprised of two independent processes. One process in the court and the other with the Department of Motor Vehicles (whether or not you actually had a California Driver’s License before your San Diego DUI arrest).

To keep your license you must be aware of your deadlines

An “Adminstrative Per Se” (A.P.S.) hearing must be requested within ten calendar days of your Driving Under The Influence arrest. This request is essential in order to challenge the D.M.V. portion of your case. If this request is not made your privilege to drive in California will be suspended – even if you have a license from another state. You can make this hearing request yourself or a DUI lawyer/law firm can make the request on your behalf.

Because you can request the A.P.S. hearing yourself, don’t feel obligated to hire the first lawyer you talk to.  This doesn’t mean however, that you should represent yourself at this hearing – you should never represent yourself at any hearing, D.M.V or otherwise. You can contact the D.M.V. and request a hearing by calling (858) 627-3901.

Our San Diego DUI Attorneys will aggressively negotiate on your behalf in Court

Whether or not a hearing is requested, everyone faces going to court. Do you need to hire a DUI Attorney? What benefit do you derive from retaining a DUI lawyer? Why can’t a public defender help? What happens in Court? What does the process involve? Should you take a plea bargain? What is a plea bargain? What will happen if you accept a guilty plea? What happens if I don’t want to go to Trial? Is jail a real possibility? Questions like these are common from upstanding citizens who have never been in any trouble before.

Not all of your questions can be answered today because the evidence (both for & against) must be gathered and analyzed which can, in some cases, take months. Police Reports, Calibration Logs, CAD (Computer Automated Dispatch) Reports, available audio and video recordings, etc. are essential. Your input and participation in the preparation of your case is fundamental. Procedural and factual errors are made by police in almost every case. Even small errors can result in cases being dismissed. Once gathered what evidence is reliable? An experienced DUI Attorney can use science to weaken the prosecution’s case.

Breath machines, for example, “theoretically” measure your blood alcohol by sampling your breath then multiplying the measurement of alcohol your breath using the standardized ratio of 2,100 parts breath to 1 part blood. The calculator in the machine then attempts to extrapolate the estimated amount of alcohol contained in your blood.

But this approach not only uses a standardized conversion ratio, which is most likely not accurate in your case, but it is also based on William Henry’s scientific theory regarding the solubility of gases in liquids which was first published in 1803. Henry’s law, as it is now known, is a valid scientific theory, BUT, in only in CLOSED system. Your lungs are not a closed system. Don’t rely on what you have heard or have been told, you can defeat a breath test. 98% of all DUI cases DO NOT go to Trial.DUI Breath tests can be successfully challenged.

A highly skilled and knowledgeable staff adds to the strength of your case

We are 100% committed to defending and advocating on behalf of people who have been charged with Driving Under The Influence in San Diego County. Our highly skilled and knowledgeable staff are among the most experienced DUI Lawyers in San Diego – experienced in all aspects of DUI defense including, but not limited to, search and seizure, field sobriety testing, breath testing, due process, illegal interrogation, denial of counsel, and evidentiary issues requiring scientific expertise in aspects such as anatomy, biology, chemistry, physiology, and toxicology.

Lead San Diego DUI Attorney, Mr. Richmond, has been certified as both a Breath Machine Operator and Maintenance Technician while also having attended the Field Sobriety Testing Course. (Certifications are not authorized by the National Highway Traffic Association although you will see lawyers claiming to be “certified”) Our San Diego DUI Defense also includes a Private Investigator and a Former Prosecutor.*

Our San Diego DUI Attorneys will help you evaluate the strength of the known evidence (both for and against you), gather the evidence the prosecution can’t or won’t, apply the most current law to your specific situation, represent you in front of the D.M.V and negotiate your case with the prosecution before you make an informed decision on how to resolve your DUI case.

A legitimate and effective defense strategy for your driving under the influence case can not be determined at this point. Until you have all the discovery available in your case you can not, honestly or accurately, discuss effective strategy with regard to the specific facts of your case. Call today to speak to one of our experienced San Diego DUI Attorneys.