how to win a dui case without a lawyer

You can beat a DUI charge by identifying legal flaws or doubts about any key evidence required to convict under VC 23152. Inaccurate breathalyzer BAC tests, police errors, medical conditions and dozens of DUI defenses can be used to fight a DUI and get DUI cases dismissed or charges reduced.

Full Answer

How do you win a DUI case?

Aug 24, 2020 · And without evidence, there is no case. Obtain Legal Assistance From a DIU Attorney Being convicted of a DUI offense can come with very serious consequences, and so it’s of utmost importance for you to win a DUI case.

Can a local DUI attorney help you beat a DUI charge?

Suppressing evidence can win a DUI case since valid proof of at least a .08 BAC is required for DUI conviction under California 23152(b) VC. 7. Inaccurate field sobriety test

What kind of attorney do I need for a DUI case?

Strategy to Win a DUI or Criminal Case: There is a strategy to winning a DUI or criminal case. Although the facts in each case are different, there are common elements that need to be reviewed and followed to obtain the best possible result on a case. Strategy Number 1: Trial. I set the case for trial and proceed once all of the discovery is ...

How to win a DUI case in California 2020-2021?

Dec 12, 2011 · Never plead guilty to DUI. Recently, I met a lawyer who pleads about 50 cases a year, and he’s methodical about them. He maybe tries one of twenty. I am not pleased with lawyers who take a case to plead it, regardless of what kind of chance they’ve got to win the case. Never plead guilty to DUI. Ever.

What is a DUI attorney?

A local DUI attorney who examines a person’s arrest information online , will have a record of winning a substantial percentage of the cases fighting to beat DUI and DWI charges, including test refusal cases they have taken on. They stand behind a proven record of success based on tireless advocacy for people and a formidable approach to getting out of a driving under the influence offense. Any charges for DUI that include either alcohol, drugs, prescription medicine, Marijuana, or even refusing to take the DUI tests, can all have significant and unexpected consequences beyond criminal fines and potential jail time. Penalties of a first offense conviction can also lead to:

What happens if you are pulled over for a DUI?

Once a driver is pulled over, they may be subject to field sobriety tests, which also will include police watching for slurred speech, and other common intoxication signs such as trouble standing up or walking in a straight line when performing the tests. Additionally, a roadside portable breath test is often requested by the police for a driver to submit to.

What happens if you refuse a breathalyzer test?

If a driver gets convicted of test refusal of a DUI Breathalyzer or blood test, the penalties will be the same and just as severe with costs and consequences as if a person took and failed the tests. Therefore, the mandatory minimum penalties under the current law will also apply to these types of charges.

Can you be charged with a 1st offense DUI?

Most people who have been charged with a 1st offense driving under the influence charge usually has no prior experience with the criminal court system , especially in regards to how a DUI case works. Drivers in this predicament will have many questions about what the laws for potential penalties, costs, and defenses are, including:

Can you get charged with driving under the influence?

Many drivers who get charged with driving under the influence or a test refusal offense for the first time have never been through the criminal justice system before, therefore it is all that more important to seek out the proper legal help for best options to fight the charges as soon as possible following an arrest.

What is the blood test for a DUI?

In a DUI and DWI case, a blood test will generally gives the most accurate readings as compared to the less reliable breath test. However there is still many issues that can be raised about the accuracy of a person’s blood test when fighting a DUI charge case. Reasons such as the time between when a person was first stopped by police and the time the blood test was taken, has been known to increase the blood alcohol content to a higher level than when a driver was actually driving. The results of a blood test could be skewed for a variety of reasons, such as:

Can you refuse to submit to field sobriety test?

The charges for a refusal to submit to the field sobriety tests can result in the same penalties as a DUI or DWI conviction or guilty plea. But once an arrest can be thoroughly examined by us, many options still can be established to defend against a refusal charge offense case. From the moment a driver’s arrest is reviewed with us to the end of the case, a skilled and local lawyer will have the experience and expertise to effectively navigate the constantly changing laws for driving under the influence, and find the best possible ways how to beat a case effectivel

What is the BAC limit for driving in California?

The California BAC limit for legal driving is: .01% or higher: If you’re under 21 years old or are on DUI probation for a prior DUI conviction. .04% or higher if: You are driving a passenger for hire vehicle with a passenger (i.e. Uber, Lyft and taxi drivers) effective 7/1/18, or.

What is auto brewery syndrome?

Auto-brewery syndrome is a rare medical condition where alcohol is produced in a person’s digestive system – without drinking any alcohol. Sometimes very intoxicating amounts of alcohol. The condition is most often linked to diets high in carbohydrates and refined foods and the overuse of antibiotic drugs.

What is a 1538.5 motion?

This suppression motion or "1538.5 motion" can exclude the DUI BAC tests from admissible evidence, except for DUI sobriety checkpoints.

What does it mean when your BAC is above the legal limit?

“Rising blood alcohol” defenses apply when your BAC was below legal limits when driving, but rose above the California blood alcohol limit by the time Police tested your BAC level.

What is the cause of ketosis?

2. Ketosis from Atkins-style diets or diabetes. Conditions such as diabetes, hypoglycemia or low carbohydrate diets (i.e. Paleo or Atkins-style diets) can trigger Ketosis. Ketosis is a normal metabolic process triggered in your body when it doesn't have enough carbohydrates from food for your cells to burn for energy.

Is a blood test accurate?

Blood tests by law enforcement are presumed by courts to be accurate and the burden is on defense to prove that they are not. One way to accomplish that is to file a "blood split motion" to retest the blood and learn details about how the blood was stored and the BAC blood test conducted.

Can a breathalyzer detect ethanol?

Studies of Breathalyzers have shown that most cannot accurately distinguish readings for ethanol (ethyl alcohol) from other similar methyl group chemical compounds that can be in your mouth. DUI breath testers capture a sample breath of "alveolar air" from deep in your lungs.

Strategy Number 1: Trial

I set the case for trial and proceed once all of the discovery is obtained. A trial can be in front of a judge or a jury. It may seem that a jury with 12 individuals gives a person a better opportunity of being found not guilty. Nevertheless, I prefer a bench trial, which is a trial before a judge.

Strategy Number 2: Pre-trial Motion

Filing pre-trial motions and (if applicable) a Petition to Rescind allows an attorney to show the court before a trial is scheduled that the case should not be allowed to proceed to trial. Having a hearing on a pre-trial motion gives me a chance to test the prosecutor’s evidence and gather valuable prosecution witness testimony before a trial.

Strategy Number 3: Mitigation

Mitigation is the process of explaining to the prosecutor or the supervisior to the prosecutor that you deserve a break because of your previous good acts and behavior.

Will the prosecutor dismiss the case after they review the evidence and video?

No. A prosecutor has no problem presenting a case at trial that is worthless. A prosecutor would rather lose a case than agree to dismiss it.

Can I have the DUI charge reduced to reckless driving or something else?

Reducing a DUI to a reckless driving is possible. However, this is only an option if the prosecutor thinks they might lose the case. In other words, you have a great case and will likely win, so they will make you an offer so they still get you to plead guilty.

How can I win?

You simply need to hire a very good attorney to fight for you. There are no shortcuts, favors, or sympathy. Only a very good attorney with experience and a desire to fight on your behalf will win your case.

Never plead guilty to DUI

Recently, I met a lawyer who pleads about 50 cases a year, and he’s methodical about them. He maybe tries one of twenty. I am not pleased with lawyers who take a case to plead it, regardless of what kind of chance they’ve got to win the case.

Preparation

Preparation makes the difference. I come prepared. I am thorough. I file many motions, study lab regulations, challenge field sobriety and BAC tests, bring an expert, and even appeal when my client’s rights have been shot. I must be better prepared.

Knowledge

I keep my knowledge of DUI law and science up-to-the-minute. I know my subject cold. This gives me the winning confidence. DUI’s are winnable. But, they are hard. DUI is a political crime. Jurors have a much different mind set toward DUI. I am a lot different than just a criminal lawyer.

Thorough initial interview

I block off two hours for the initial interview. I want no interruptions, no phone calls, or anything. I want the client to know that while he or she is here, this is extremely serious. I take the time to really go through an in-depth interview. Most people come in with a negative attitude. They think they can’t win.