A Santa Monica DUI Lawyer with answers.
Fighting for our clients is the most important thing we do as Santa Monica DUI lawyers. This is something we take very seriously, and the results speak for themselves: Not Guilty verdicts at trial, DMV hearing wins, preventing our clients from losing their drivers’ licenses are all illustrations of our fighting spirit and dedication. A lawyer who fights for their clients can be reached at 213-400-0358 for help in DUI cases in Santa Monica and throughout Southern California.
Getting a DUI in Santa Monica is a terrible experience by every measure. It can be frightening, embarrassing and something you wouldn’t wish on your worst enemy. But it can also be an opportunity. An opportunity to fight back. If you want to fight your DUI, preserve your rights and get the best possible outcome from a bad situation, learn more about what a DUI lawyer can do for you.
A Santa Monica DUI Lawyer can help you if you were arrested for DUI in Santa Monica.
After having one of the worst experiences of their lives, a person arrested for DUI isn’t in the mood for games, or bad advice. This person needs the advice and counsel of a DUI lawyer. A Santa Monica DUI lawyer will know where to start in the process of picking up the pieces after a DUI arrest.
In addition to knowing where to start, a Santa Monica DUI lawyer will know what defenses in these cases work, and what defenses do not work. The DUI attorney you speak with will also know how to reduce the punishment you face, or how to completely beat the case if one of the commonly successful defenses works in your case.
After a consultation with your DUI lawyer, they will be able to tell you if
-the rising blood alcohol level or “BAC” defense will work for you
-how to challenge the stop by police
-how to subpoena evidence in your case to build the most successful defense possible
How DUI cases are handled by a Santa Monica DUI Lawyer.
DUI cases are special cases because they differ from any other type of criminal law case. The biggest difference is with the type of people that are affected by DUI Cases. Most DUI clients have never been in trouble with the law before, and they are very motivated to fight the charges against them. DUI cases are also special because they present unique factual, scientific and legal issues that most lawyers are not familiar with. A lawyer who regularly deals with DUI cases, however, is familiar with these unique issues and can use them to their client’s advantage.
Special factual issues in DUI cases.
In DUI cases, special facts often present themselves. For example, the issue of who was driving the car is an area that, at first blush, wouldn’t present a defense for a DUI defendant. Remember, 1/2 of the prosecutions case against you is whether you were driving the car. (The crime is called drunk driving, or driving under the influence, after all.)
With this in mind, a DUI defense lawyer will look at the facts of the case and see if the issue of “who was driving the car?” can be used to the defendant’s advantage. If the police did not see the driver driving the car, and, hypothetically showed up at the scene of an accident, a DUI defense lawyer will look to whether the police can prove the driver was actually the one behind the wheel of the car. Absent witnesses who can tie the driver to the car, or admissions by the driver that they were driving the car, the police case is made much more difficult. An experienced DUI defense lawyer will use the facts to help the client make his or her best case.
Special DUI science issues.
Many criminal defense lawyer are afraid to handle DUI cases because they present such complex scientific issues. Blood testing, breath testing, partition ratios, urine tests, field sobriety tests, are all complicated areas of science and law. At first blush, it would appear a prosecutor, armed with extensive scientific evidence, would have an unfair advantage in the average DUI case. The truth, however, is that for all of their apparent advantages and strengths, the police and prosecution scientific evidence in the average DUI case is based on fragile, and relatively weak scientific evidence. A skilled Santa Monica DUI lawyer knows this, and knows how to attack.
For example, blood testing is purported to be the most sensitive, accurate testing available in DUI cases. It is said that blood testing can be accurate to within 0.003% for measuring BAC. Yet, it is the sensitivity of blood evidence testing that is its downfall. For blood testing to work, the conditions of the testing, the conditions of the sample, have to be exactly monitored and maintained. If there are issues with the temperature of the sample, or issue with the preservative used in the sample, the blood test will not yield an accurate result. So in the end, it is actually easier to attack a blood test in a DUI case than it is a breath test, for example, because the testing methodology and procedures have to be followed to the letter. Otherwise, the sample’s accuracy is not enough to pass muster in a court of law.
For breath tests, a Santa Monica DUI lawyer will show that the measurement of breath alcohol (what you ‘blow out’ during a breathalyzer test) is not as accurate a way to measure blood alcohol content because the ratios used to convert the breath measurement (a legally irrelevant number) to blood alcohol content are vulnerable to attack. Further more, a knowledgeable DUI defense lawyer will understand the other defenses available in breath test defense, such as calibration and maintenance of the machines used. Another area that is ripe for attack is the 15 minute observation period that officers are supposed to give before administering a breath test. A Santa Monica DUI lawyer will be familiar with all of these defenses and how they work in the real world court room.
For more information, and to speak with a Santa Monica DUI lawyer, call 213-400-0358 for a free consultation.