Neal Sanders has a long history of winning Driving Under the Influence (DUI) cases. He is knowledgeable of not only common DUI defenses, but also unusual and uncommonly used defenses that are often successful when the ordinary defenses don.t apply. Neal Sanders' experienced staff will be happy to give you a fee estimate over the telephone before your first appointment. For more information about DUI in California, please read below and visit our faq page.
+LEGAL TIP: Learn how you can protect your right to a hearing concerning whether you will automatically lose your Drivers License following a DUI arrest. Read the section below entitled Drivers License and Department of Motor Vehicles (DMV).
The District Attorney Must Prove You Were Driving:
A DUI conviction requires the District Attorney to prove the accused was driving. This is generally established by an officer claiming he or she witnessed the driving. But in some cases there may be issues relating to whether the person accused actually was driving the vehicle.
The District Attorney Must Prove You Were Driving Under the Influence:
In addition to proving the accused was actually driving, the District Attorney must prove that the accused was driving under the influence (or had a blood-alcohol level of .08 percent or above) at the time of driving. The police generally attempt to establish this element by describing how an accused acted during the encounter and by using the results of a chemical test of the accused.s blood or breath. A urine test can be required if the police believe a person is driving under the influence of drugs.
Licensed drivers are required to provide a sample of their blood, breath or urine pursuant to the implied consent law. (Under the law, driving is considered a privilege not a right of citizenship. Therefore, each state conditions the granting of a drivers license on the driver agreeing to give a sample to a law enforcement officer to determine whether they are intoxicated.) Failure to give a sample for chemical testing when properly requested generally results in the State revoking or suspending the person.s drivers license.
The Device Used to Detect Alcohol Must be Properly Calibrated and Maintained:
The machines that test a person.s blood or breath are required to be calibrated and maintained according to regulations contained within Title 17 of the California Code of Regulations.
A competent attorney will require the agency involved to show whether such maintenance is actually occurring. Failure by an agency to properly maintain equipment or failure to properly administer the test may cause the test results to be in doubt or inadmissible in court.
Consideration of Test Results:
The District Attorney.s case is made somewhat easier due to an inference that a jury is instructed they may use: The jury is told that if the test shows the person.s blood alcohol level is at or above a .08 percent at the time the test is taken then the jury can find the person was under the influence at the time of driving. However, there are limitations on when this instruction can be given. For example, if the test was taken over three hours from the time of driving, this inference does not apply. Also, the jury is not required to make this inference if other factors justify the decision that the person really wasn.t under the influence a the time of driving.
Often an accused.s lawyer will call a defense expert to help the jury understand issues of whether the test machines are accurate and, even if they are accurate, whether under the particular circumstances of the case the accused was actually under the influence at the time of driving.
Suppressed Evidence
Separate and apart from the factual issues discussed above, the District Attorney cannot proceed on a case when the evidence was obtained illegally. Evidence is obtained illegally when a law enforcement officer violates an accused.s constitutional rights. An example of such a violation is when the police pull over a vehicle without a reasonable belief that a crime has occurred. The crime claimed can be as minor as having a burned out taillight or allowing the vehicle to travel over the center line. These minor traffic offenses would justify a vehicle stop. But if the officer had no reason to pull the vehicle over or was just relying on a hunch, his or her actions would be illegal and a court would be required to suppress and keep out of evidence anything that resulted from the illegal stop, such as any statement given by the accused or the results of any testing performed.
Drivers License and Department of Motor Vehicles (DMV)
There are issues relating to a person.s privilege to drive that are affected by an arrest for DUI even before the court case begins. It is important to understand that what the California Department of Motor Vehicles (DMV) does with your license is separate and apart from the criminal charge of DUI. DMV is generally unaffected by what a court does in the criminal case. There are exceptions, but generally if DMV determines that you have violated your agreement to not drive while under the influence (or while at or above .08 percent blood-alcohol level), or if they determine that you failed to give a chemical test when properly requested to do so by a police officer, then they will take your license through an administrative process unconnected to the court.
A person arrested for DUI generally has their hard copy driver.s license taken from them at the time of arrest and they are provided a temporary license (a pink sheet) that allows them to drive for the next 30 days. If nothing is done, after that 30 days the person.s driver.s license is suspended. TIME IS CRITICAL when dealing with DMV. Once given the temporary license the person has TEN DAYS to request an administrative hearing to challenge the officer's claim that the accused should lose their license. The telephone number to call for a hearing is on the upper right hand corner of the temporary license (the pink sheet). The person or his or her attorney must call this number to request the hearing within ten days. Be prepared to wait on the telephone up to 40 minutes to actually get to an agent that can schedule the hearing. The hearing does not cost the accused any money to request. However, the accused is not entitled to have legal counsel appointed for them at the hearing. If they want legal counsel, the accused must find an attorney and pay for their services themselves. Consulting an attorney before the hearing is recommended. Failure to request a hearing generally results in the inability to challenge DMV.s action in the future, which may include a long-term drivers license revocation or suspension. There are exceptions to all of the above, but they are extremely limited.
Attorney Services
The above is not meant to be a substitute for a person accused of DUI from obtaining legal counsel. There are many more areas that competent counsel will explore with an accused than are discussed in this short article. This article is simply designed to demonstrate that DUI cases are complicated and that anyone accused of such a crime should seek an attorney to help them with their case. Because DUI is a criminal charge and a conviction results in serious consequences, a person accused should always ask the Court to have a public defender appointed for them if they cannot afford to hire an attorney.