If you were arrested for a DUI in San Diego county and you are looking for more information on DUIs and the whole process you can look on my website. I tried to put as much useful information as I could.
Before I retained a client yesterday he asked me, “I see from websites that people who have high BACs (like his) get “wet reckless” or better outcomes. How does that happen?
It was a good question.
The reality is a healthy amount of high BAC DUI cases end up a DUI. A DUI charge with high BACs, accidents, criminal history, or non cooperation with police can get a DUI more punishment. In a lot of cases the eventual outcome is a lowering of the punishment. In certain cases the best resolution is a DUI with as little punishment as possible considering the facts.
So, to go back to the question that my client asked of how do San Diego county DUI cases that have high BACs get reductions like “wet reckless”, “Dry reckless”, and dismissals?
The main process is to examine the evidence. An attorney can give an idea what may happen when first talking to a client. However, in the end no one can be certain of a case until the evidence gets examined. Our firm gets under the hood and looks at all the evidence. We request items that the proecution usually does not want to see because they want to keep their case simple. As a former prosecutor I can tell you in a lot of cases the more you look the more you can find issues. It is about getting under the hood.
Some usual defenses are:
Your BAC was below 0.08% at the time of driving
Rising BAC levels is a common legal defense for fighting VC 23152(b) charges.
Perhaps more common is the situation where you were “on the rise”. Oftentimes, a person is still absorbing alcohol into his bloodstream at the time their is stopped for DUI. So their BAC actually rises during the period from the traffic stop until the blood or breath test.
This means that even if you “blow” a 0.10% at the station, your BAC may have only been a 0.06% at the time you drove (which is all that counts for legal purposes). As a result, a rising blood alcohol defense is valid.
Showing this argument can be made can be used to get a better settlement offer or to get someone aquitted of the charges.
The breath sample you provided was tainted
There are several factors in a Vehicle Code 23152(b) case that can result in a San Diego county breath instrument not to get an accurate reading.
“Mouth alcohol” is residual alcohol that lingers in the mouth. It can be triggered by
- mouthwash, breath spray, or medicine containing alcohol,
- dental work,
- A high protein diet
- A low carb diet
- and much more…
When present, this residual alcohol causes breath tests to produce falsely high BAC readings. So does other false readings. One common false flag is GERD.
GERD / Acid reflux
Similarly, GERD, heartburn and acid reflux are all valid medical defenses to San Diego DUI VC 23152(b) charges. These medical conditions trigger mouth alcohol which produces a falsely high BAC result on a breath testing instrument.
A number of different situations can lead to inaccurate BAC measures in your VC 23152(b) case.
The DUI breath testing instrument or machine wasn’t properly maintained or calibrated
Title 17 of the California Code of Regulations governs how California DUI breath and blood tests are supposed to be conducted in Vehicle Code 23152(b) cases. Title 17 violations usually trigger a better settlement offer and bring a case closer to acquittal.
These violations could be related to the
- collection, and/or
of those samples. If Title 17 is not strictly adhered to, your results may be excluded from evidence. When your California DUI attorney is successful in getting this type of evidence excluded, it will typically result in a dismissal of your VC 23152(b) case or, at the very least, in a reduction of your driving under the influence charges.
Your blood test was improperly collected and/or stored, or was passed outside the proper “chain of custody”
Title 17 also governs
- who draws your blood,
- how that person draws your blood,
- how your blood is collected, and
- how your blood is stored.
Your drunk driving defense attorney should diligently investigate each of these issues in an effort to find a Title 17 violation.and a defense that you can use to fight your VC 23152(b) charge.
You can never assume that your California Vehicle Code 23152(b) is indefensible. Our firm pride themselves on being able to examine any San Diego DUI arrest to find the defenses that could lead to their client’s acquittal or a reduction in the charges.
After examination, we begin contact with the judge and prosecution and advocate on the clients behalf.
We eventually resolve the case with the best outcome possible considering the findings from our examination. We present the client in the best light and we are proactive to show the prosecution and court that the client is deserved a mitigation settlement (whatever that may be).
Finally, our firm navigates the client through the legal process. In a San Diego county DUI case the client has to deal with the court AND DMV. We make sure that everything goes smoothly. Call our office now to get the ball rolling at (858) 751-4384. Lets talk about some reasons why someone should get our firm to represent them.
I want to answer a very common question…”Why do I want to hire you as my attorney?”
That is the magic question, and here is the answer:
1. Practiced law for 13 years exclusively in the field of Criminal Law. Has handled cases ranging from DUIs to life/Three Strike cases. Spent nearly a decade as a prosecutor, both as a Deputy District Attorney and a Deputy City Attorney.
2. Successfully handled thousands of cases. Has won awards as both defense counsel and as a prosecutor.
3. Developed strategies and defensive approaches based on “behind the scenes” knowledge of the prosecution, crime labs, and law enforcement.
4. Has been trained by the following agencies (just to name a few):
– US Department of Justice
– Office of the San Diego District Attorney
– California District Attorneys Association
– Graduate of Harvard Law, summer session, National College of DUI Defense
– Field Sobriety Testing (FST) Training from renowned former State Trooper.
5. Proven Results confirmed by scores of client testimonials on Yelp, Avvo, and Google. Rated A+ by the Better Business Bureau.
6. Personalized representation and a proactive approach focused on obtaining the best resolution possible for the client.
7. Winner of the “Top 100” Trial Lawyers award 2014.
8. Offers payment plans to clients who were not expecting to be in their present situation.
9. Is a regular in the courthouse. He is a former colleague to many prosecutors and has worked with many judges throughout San Diego County.
10. Is used to being in the trenches of battle as a former Division 1 NCAA football player (Academic All-American). He has been a senior prosecutor who now is on the side of a client.
You will be in good hands. The key is to be proactive. Contact the Law Office of Mark Deniz, APLC to get started at (858) 751-4384.
Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges. Whether you have been charged of a San Diego DUI, Poway DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case. Contact the Law Office of Mark Deniz now for a free case evaluation.