You’ve been arrested for a DUI….Now what? There are options!
✅ Request A Hearing With The DMV Within 10 Days
This is a time-sensitive situation!
After you have been arrested for DUI, the arresting officer is required to notify the Department of Motor Vehicles. The officer may immediately confiscate your license and issue you a temporary driver’s permit that allows you to drive for 30 days.
You have ten days from the date of the arrest to schedule a DMV Hearing to contest the suspension. Failure to request a DMV hearing within the ten days will result in the automatic suspension of your license.
✅ Contact A DUI Attorney
It’s a good idea to contact an experienced DUI lawyer in Santa Cruz as soon as possible to discuss your case. I’m always available for a free 30-minute phone consultation: (831) 515-8806 or click here to schedule online.
You have options and there are defenses in a DUI case.
I’ve represented thousands of clients in DUI cases. I bring the full weight of all my experience and familiarity with the justice system in Santa Cruz to the analysis of your individual case.
I handle all aspects of your DUI case, with the primary goals of:
- Retaining your license
- Keeping you out of jail
- Mitigating the most serious consequences
I’ll work with you to craft an aggressive trial strategy should you decide to take your case to jury trial, or vigorously negotiate a favorable plea in your case.
I’ll review your case and evaluate multiple potential defenses including:
✅ Constitutional Defenses based on the 4th Amendment
The Fourth Amendment to the United States Constitution protects individuals against unreasonable search and seizure. In the context of a DUI, this means an officer must have a valid basis to stop a vehicle. In addition, an officer must have probable cause to arrest and must follow certain rules in advising an arrestee about the taking of a chemical sample.
The law of Search and Seizure is complex. However, violations of Constitutional protections in a DUI situation can lead to dismissal of a case.
✅ Field Sobriety Tests (FSTs) Defenses
The CHP manual describes how field sobriety tests should be administered in order for the results to be considered valid. A careful analysis of the administration and the results of the tests, as well as non-alcohol related bases for mixed performance on the tests, may provide defenses in your case.
The standardized Field Sobriety Tests are designed to test for impairment from alcohol and the results have less significance in the context of a Prescription Drug DUI case.
✅ Breathalyzer Tests
You were likely subjected to two different alcohol tests in your case. The first was a PAS (Preliminary Alcohol Screening Test), which is a pre-arrest breath test. In addition, there is an evidentiary chemical test that is required after the arrest. This chemical test is either a breath test or a blood test.
Breathalyzer machines must be calibrated, maintained, and administered correctly. Failure to adhere to these standards can mean inaccurate results.
✅ Circumstantial Evidence
In some cases, though a law enforcement officer has determined a person is over the legal limit, he/she did not actually see the person driving the car. In these situations, there may be reasonable doubt the person was at or above .08% at the time of driving.
A thorough investigation, including the interviewing of witnesses, may provide a valuable defense.
Real Case Outcomes
First Time DUI
The client was charged with a violation of Vehicle Code section 23152(e), driving under the influence of a controlled substance. A motion to suppress evidence was filed and heard in court. After evaluating the evidence at this motion, including the testimony of the CHP officer and the patrol car video, and considering the legal arguments, the Judge granted the motion. The DA subsequently dismissed the case.
Second Time DUI
With High Blood Alcohol Level
BAC of .28/.29%. Officer found the client in the middle of the road trying to start his car. After trial the client was found not guilty by a jury, the DMV was notified and client’s privilege to drive was reinstated.
Second Time DUI
Plea To Drunk In Public
The client was charged with DUI with a prior and driving on a suspended license. BAC of .21%. He was found in his car with the motor running and the tires spinning. After negotiation and a motion to suppress evidence was filed and denied, the case settled for a drunk in public.
Third Time DUI
The client was found with a friend near his car. Both men were intoxicated. Client was charged with a DUI with two prior convictions. After extensive investigation into the case, several witnesses were contacted who indicated the client was not the one driving the vehicle that evening. After providing this evidence to the District Attorney, the case was dismissed.
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