858-429-9982 858-429-9982
  1. Mark Deniz has been a member of the California State bar for over 11 years.

    Mark is involved with the San Diego Bar Association serving on its legal panel.

    Due to his legal experience Mark Deniz has the privilege of serving on several attorney panels.

    Mark Deniz is a top contributor on Avvo providing outstanding legal advice. Mark Deniz also serves on the Avvo Legal Panel. The only San Diego Criminal Defense attorney who is on the panel.

  2. Mark Deniz is a member of California DUI Lawyers Association.

    Nation's Premier | NACDA | Top Ten Ranking 2014

    Mark Deniz has been named one of The National Academy of Criminal Defense Attorneys “Top 10” Attorneys.

    Mark Deniz has been deemed by The Lead Counsel Rating for providing exceptional legal representation to individuals and businesses.

    The firm is a member of the better business bureau who ensures quality service for its clients.

  3. The National Trial Lawyers - Top 100 Trial Lawyers

    Mark Deniz has consistently been named one of the National Trial Lawyers Top 100 Trial Lawyers.

    Mark Deniz is a member of the prestigious National College for DUI defense and has completed its intensive summer session curriculum conducted at Harvard Law School.

    Mark Deniz has received AVVO’s prestigious Clients’ Choice award

    The prestigious legal rating service AVVO has consistently given Law Offices of Mark Deniz a "Superb" rating.

  4. Proudly Serving the Community Service 2003

    Mark Deniz has proudly served as a member of the California state bar since 2003.

    Mark Deniz has consistently been named one of the National Trial Lawyers Top 100 Trial Lawyers.

  1. Mark Deniz has been a member of the California State bar for over 11 years.

  2. Mark is involved with the San Diego Bar Association serving on its legal panel.

  3. Due to his legal experience Mark Deniz has the privilege of serving on several attorney panels.

  4. Mark Deniz is a top contributor on Avvo providing outstanding legal advice. Mark Deniz also serves on the Avvo Legal Panel. The only San Diego Criminal Defense attorney who is on the panel.

  5. Mark Deniz is a member of California DUI Lawyers Association.

  6. Nation's Premier | NACDA | Top Ten Ranking 2014

    Mark Deniz has been named one of The National Academy of Criminal Defense Attorneys “Top 10” Attorneys.

  7. Mark Deniz has been deemed by The Lead Counsel Rating for providing exceptional legal representation to individuals and businesses.

  8. The firm is a member of the better business bureau who ensures quality service for its clients.

  9. The National Trial Lawyers - Top 100 Trial Lawyers

    Mark Deniz has consistently been named one of the National Trial Lawyers Top 100 Trial Lawyers.

  10. Mark Deniz is a member of the prestigious National College for DUI defense and has completed its intensive summer session curriculum conducted at Harvard Law School.

  11. Mark Deniz has received AVVO’s prestigious Clients’ Choice award

  12. The prestigious legal rating service AVVO has consistently given Law Offices of Mark Deniz a "Superb" rating.

  13. Proudly Serving the Community Service 2003

    Mark Deniz has proudly served as a member of the California state bar since 2003.

  14. Mark Deniz has consistently been named one of the National Trial Lawyers Top 100 Trial Lawyers.

DNA swab used to obtain drug DUI conviction

Many states are struggling with an increase in motorists under the influence of drugs. The great challenge facing law enforcement offers concerns their ability to detect the presence of drugs in a driver's system. There are many different substances that a motorist may take, and the level of impairment can be very hard to determine without extensive investigation.

Some communities in California used DNA swabs to check if a motorist is under the influence of a drug as part of a pilot program. Under the program, if the driver was suspected of using drugs, law enforcement would use an oral swab to check for the presence of drugs.

A recent case in the state led to the first conviction for DUI due to a positive hit on one of these tests. A motorist was tested after being involved in a serious auto accident. The individual was given tests to check his blood-alcohol content and then also swabbed to check for drug use.


The DNA test led to a positive result for drug use, specifically methamphetamine. A subsequent blood test showed marijuana use as well. The man was charged with drugged driving as his blood-alcohol content was well below the state's 0.08 percent threshold. The driver was convicted of the offense.

Experts are concerned that these swabs may not provide enough information to support DUI charges. While the swabs will tell if a person used drugs, they cannot tell if the person was impaired by the substance. Additionally, some substances give off stronger readings than others, which may mean that misleading information is being relied upon to obtain convictions.


As this case demonstrates, officials are likely to use this information to try to prove that a motorist was under the influence. It is extremely important that those facing drug DUI charges speak to an experienced criminal defense attorney as soon as possible. The sooner you speak with an attorney, the sooner you can begin preparing a strong challenge to the charges you are facing.

An experienced attorney knows how to proceed with DUI cases. This will allow you to develop a strategy that is focused on protecting your rights and pursuing an outcome that is in your best interests. 

No Comments

Leave a comment
Comment Information

Latest, Proven Results

Outcome of Case: Wet Reckless

1st time DUI Collision with a .13% BAC  
November 2017

Outcome of Case: Case Dismissed

1st time DUI with a .18% BAC
November 2017

Outcome of Case: Misdemeanor (No time in custody)

Felony Burglary
November 2017

Protect Your License