Demand a Real DUI Law Firm
Serious Consequences Even for the First Offense
The consequences of a DUI (even a first offense) are staggering.
The fines alone will total almost $2000. Additionally, a DUI conviction
usually results in cancellation of the motorist’s automobile
insurance policy and referral to the assigned risk pool, often at
an increase of $1500 - $2500 annually.
There is a mandatory DUI class which will cost more than $500.
The conviction will stay on a motorist’s record for 10 years
(assuming California’s Senate Bill 1694 passes).
Most companies refuse to rent cars to anyone with a DUI on her
record.
Avoid the "Dump Trucks"
Unfortunately, there are many attorneys in Santa Barbara County
who will take a DUI case for a nominal fee of $750 or $1000.
These lawyers typically believe the myth that a DUI is unbeatable.
They typically read through the police report and tell you that
you have to plead guilty because there’s "nothing you
can do."
We call these lawyers "dump trucks" because they wheel
their clients up to the courthouse and dump them on the court.
You don’t need a lawyer if you’re just going to plead
guilty.
Spend an Hour in Department 8
Misdemeanor arraignments in Santa Barbara happen at 8:30 a.m. in
Department 8, located downstairs in the 118 E. Figueroa Division.
In Santa Maria, they happen in Department 9 at 8:30 a.m. in the
Miller Division at 312 E. Cook Street.
If you want to check out how different attorneys handle DUI cases,
spend an hour in one of these departments watching the arraignments.
Count how many lawyers plead their clients guilty (or "no
contest") at the arraignment.
With few exceptions, pleading guilty at the arraignment is ill-advised
because the attorney has not yet been able to evaluate the case
properly at such an early stage.
10 Questions to Ask an Attorney about DUIs
What are the Title 17 requirements for a PAS device?
The Title 17 laboratory regulations do not apply to the PAS unless
it is offered as evidence to prove a specific BAC. (Ordinarily,
the PAS is used only (1) at the scene to help the cop decide whether
to make an arrest and (2) in “zero tolerance” cases
for drivers under 21.) Thus, the frequent noncompliance with Title
17 will not keep the PAS results out. A good attorney will challenge
admission of the PAS on an Adams (scientific) foundation and will
have to beat the “official duty” presumption to keep
it out.
What are the standardized field sobriety
tests?
The three SFSTs are the Horizontal Gaze Nystagmus test, the Walk
and Turn test and the One-leg Stand test.
How is an officer to score the
SFSTs?
BEWARE the attorney who says there is no "score." That
is the (wrong) position taken by most police officers. Most of the
"observations" noted in police reports of field sobriety
tests are not recognized signs of intoxication. There are only three
Standardized Field Sobriety Tests ("SFSTs") that have
any proven scientific validity (Walk and Turn, One Leg Stand and
Horizontal Gaze Nystagmus). For each test, there are certain "clues"
officers are instructed to look for. There are 8 clues for WAT,
4 for OLS and 6 for HGN (3 for each eye). If you show 2, 2 or 4
clues, respectively, you are 65% likely to be above 0.08 %, according
to the National Highway Traffic Safety Administration. If you hit
the minimum number on both WAT and HGN, that figure increases to
80%, assuming the officer instructed the motorist properly.
How many writ petitions have you
filed after losing at DMV?
An attorney who has never challenged an adverse DMV decision is
probably unaware of the value of this procedure when DMV makes the
wrong call. Even great DUI lawyers lose at DMV - that’s part
of the nature of DMV. The great lawyers will know what issues they
can take to the superior court when DMV gets it wrong.
When should you retest a blood sample?
Almost always, especially if several days elapsed between the drawing
and testing of the sample. It’s probably malpractice if the
lawyer doesn’t at least retest for ethanol concentration and
preservative concentration. A preservative is a chemical added to
your blood sample to prevent microorganisms from growing in the
blood sample before it’s tested; these microorganisms will
metabolize the blood sugar into alcohol, upping the BAC. If the
preservative concentration is less than 1%, it will be difficult
for the D.A. to prove the BAC came from alcohol you ingested as
opposed to alcohol the microbes fermented. If the test shows an
appropriate preservative level, you don’t have to use it at
trial and the D.A. can’t force you to disclose it.
What is a partition ratio?
It is the ratio between the alcohol concentration in blood and
that in breath. Henry’s Law says that the concentration of
a substance dissolved in a liquid is proportional to the concentration
dissolved in a gas in equilibrium with the liquid. Thus, the concentration
of EtOH in our blood is (arguably) proportional to the concentration
in our breath. The proportion between blood and breath is called
the partition ratio. That’s why they do a BREATH test and
say you violated a BLOOD alcohol statute. The biggest problem with
applying Henry’s Law to people is that nobody has exactly
the same partition ratio. The breath machine assumes a partition
ratio of 2100:1 (that is, that the alcohol in the blood is 2100
times more concentrated than that in the breath) and spits out a
corresponding blood alcohol value by multiplying the measured breath
value by 2100. If your true partition ration is, say, only 2000,
then the machine has overestimated your BAC by about 5%. While the
Bransford case eliminated this defense to a breath test, the partition
ratio is still important in cases where mouth alcohol or interfering
substances contaminate a breath sample or when you need to show
that the drinking history you gave the officer was truthful despite
a high BAC reading.
How do you challenge a slope detector?
First you need to know that the slope detector is that device on
a breath test machine that is supposed to detect mouth alcohol and
prevent the machine from giving a reading if mouth alcohol is present.
(The presence of mouth alcohol can artificially inflate the breath
machine reading.) The flaw in slope detectors is that they have
been proven effective only in subjects who have not had anything
to drink. In other words, they don’t work if used on a subject
who has been drinking but is below the legal limit.
Have you attended the Harvard Law
School seminar by the National College for DUI Defense?
This is where the rubber meets the road. You will get a sense for
how much DUI defense a lawyer does by whether she has attended this
course. It is a significant investment of time and money (five-plus
days and $1500 for tuition alone); only serious DUI defenders will
usually invest these resources (as opposed to the many who will
spend $175 to "join" the NCDD).
Have you taken the NHTSA training
for Standardized Field Sobriety Tests?
Another serious investment, the three-day course of the National
Highway Traffic Safety Administration is the same course police
officers take at the police academy. It leads to SFST certification
if the student passes a grueling written and practical examination
at the end of the third day. An attorney simply cannot cross-examine
cops effectively without knowing what they know. SFST Certification
is essential to a mastery of the SFSTs.
Have you taught DUI courses or published
articles on DUI?
Attorneys who teach DUI law or publish articles in the field of
DUI law have demonstrated their expertise by the recognition of
their students and the publications that accepted their work. Teaching
and publishing act as an automatic recommendation and testament
to their expertise. |
