It is not just our motto; we live in a new DUI defense era in America. The DUI practice of five years ago would be unrecognizable today. New breath machines have come into the field, and two new drafts of the NHTSA Manual of Standardized Field Sobriety Tests have been published. Facing pressure from political sources, prosecutors are taking increasingly tough stances on DUI cases.
Fortunately, the current law enforcement approach to DUI investigation has many flaws. The successful law firm will exploit all of them by knowing the science, filing motions to secure an early advantage, and clinching it with a trial technique that demonstrates those flaws for the jury.
Science-Based Defense
There is no substitute for a sound background in chemistry to defend DUI cases. At the Santa Barbara DUI Center, we know the science behind alcohol metabolism and the chemical tests used against our clients. We also know the three scientific studies that validate the standardized field sobriety tests and how any deviation by the officer, no matter how slight, compromises the validity of the test.
Any law firm that doesn’t grasp forensic toxicology and the psychophysical SFSTs cannot hope to provide a competent defense to a DUI charge.
Motion Strategy
Motions are formal requests made to the judge; they are often the only method available to limit issues for trial or to exclude evidence at trial. An ancillary benefit to motions is that they often require the prosecutor to call the arresting officer to testify at a hearing, giving us a chance to secure that testimony well before trial.
Pretrial motions are also the most effective way to counter the “junk science” behind some chemical and field sobriety tests. By aggressively challenging these tests with motions, we minimize the damage these faulty tests can do at trial.
Trial Strategy
Armed with our transcripts of the officer’s testimony at motion hearings, we are well-prepared to wage the full battle at trial. Trial strategy is often a simply one: expose the truth about the various “tests” relied upon by the prosecution, stress the many places where the arresting officer violated her procedure (and there are always these places) and show the many things our clients did that suggested a blood alcohol level below the legal limit.
We make extensive use of expert witnesses, both in the field of forensic toxicology and field sobriety tests. We often use a medical doctor where the horizontal gaze nystagmus test is critical or when the client’s medical condition impacted the chemical test result.
The good news is that the client does not have rely on “lawyer tricks” or a “slick attorney” to secure an acquittal in a DUI case. The flaws in the system are widespread; the good DUI attorneys are not the slick ones—they’re the ones who through sheer preparation and solid command of science expose the flaws to show the jury why there is always reasonable doubt in a DUI case.
Flexible Fee Schedules
We recognize that no person budgets for a DUI arrest. To accommodate our clients, we offer two flat-fee schedules for DUI cases.
The first is the flat fee through the appeal schedule. With this schedule, the client pays one fee for the entire defense of the case through appeal. If the client is unsatisfied at any stage, we will continue to mount a defense, through trial and including an appeal before the Court of Appeal.
We also offer a “pay as you go” schedule. For a more modest retainer fee, we will enter an appearance, obtain pretrial discovery and conduct the appropriate motions. Through these efforts, we can usually secure a satisfactory plea agreement, including in some cases a complete dismissal of all charges. If we cannot convince the prosecutor to give us a deal that satisfies the client, we will defend the case at our regular daily trial rates.
You may pay more for our services than for other lawyers in town. Quite simply, there are no “bargains” in DUI defense. Either you retain a firm that leads in DUI defense or you don’t.
We are confident that you will be happy with the services we provide at the rates we charge. We have not had a dissatisfied client yet.