San Jose DUI lawyer Richard Weese often receives calls from prospective clients asking whether it makes sense to defend a drunk driving case also known as a DUI or DWI.
Those accused of driving under the influence of alcohol or drugs realize that the evidence is stacked against them. Most likely, they submitted to and failed a field sobriety test. On top of that, they completed either a breath or blood test and were told that their BAC (blood alcohol content) was over the legal limit.
Consequently, people are often resigned to giving up without a fight. Sometimes, they incorrectly believe that a DUI has a fixed penalty like a speeding ticket which falls off of a record after a number of years. Other times, they understand that the repercussions are serious, but reluctantly accept their license suspension, fines, increased insurance rates and criminal charges without contest.
The simple answer is that while not all DUIs are beatable, many are.
DUIs are always worth fighting because criminal convictions are serious: they remain on one's record for life and can affect one's life in areas such as job applications, professional licensing and insurance rates. The reality is those who don't contest DUI charges receive the standard outcome, while those who do stand the chance of outright dismissal or receiving a less serious offense.
There are many defenses that come into play when our lawyers defend a DUI case in San Jose and the greater San Francisco Bay Area. We work closely with our clients to examine the evidence and police report before deciding which approach is most appropriate. Keep in mind that DUI law is a specialized area of criminal defense and some defense attorneys have developed tried and true techniques used to defend these cases.
A San Jose DUI Lawyer can assist in DUI Defenses Involving Police Errors
Many defenses are based on errors made by the police during the arrest and the subsequent activities of the police crime lab following the arrest. The police are charged with clearly documenting everything they do during a DUI arrest. Likewise, the crime labs must follow a rigid procedure when handling and testing the blood samples. DUI lawyers review these records and make challenges.
In one example of police error, Summit Defense attorneys found that the San Jose PD did not properly document the time of arrest. Because the time could not be proved, there was no way for the prosecution to show that the blood alcohol reading was relevant to the arrest.
In another DUI case out of Sunnyvale, a Summit Defense lawyer got a DUI case dismissed by showing that the police did not have justification to pull over the driver in the first place. The driver was not weaving or driving recklessly and there was no indication that there was any illegal activity taking place. Therefore the arrest was improper and the case was thrown out.
In yet another DUI case out of Redwood City, Summit Defense attorneys showed that the police, in allowing the suspect to leave the scene and go to the bathroom in the midst of the arrest, did not maintain the required fifteen minute continuous watch over the suspect.
DUI Defenses Involving Police Lab Errors - Mishandling of Blood Evidence
Sometimes a DUI defense involves lab errors in the testing of blood samples. Clients may be surprised to learn that mistakes are made in blood testing and DUI cases are dropped when these mistakes are exposed to the court. In a recent case, after reviewing the police report, a Summit Defense attorney discovered that a San Jose police lab result indicated the wrong blood type for a the client. The prosecutor was forced to dismiss the case, when the attorney brought this error to his attention.
If our client was driving well and tested not far above the legal limit, we will order a blood split from the court and submit the sample to our independent lab for re-testing. Likewise, if our client submitted to a breathalyzer test, we may order the calibration records to show whether the equipment was properly serviced as required by the law.
DMV Hearing to Preserve Driver's License
When we are first contacted, many of our San Jose clients are surprised to hear that they are entitled to a DMV hearing in addition to their day in court. Summit Defense attorneys always include the DMV hearing as part of the defense. Our goal in the DMV Administrative Per Se hearing is to preserve our client's driving privilege and we consider our job to be well done when our client can both keep his license and have his case dismissed.
While we don't condone drunk driving, we understand our job as San Jose DUI Lawyers is to assert our clients' rights in court and during the DMV hearing. We strongly believe that those accused of DUI should keep the system honest by challenging accusations and preventing police misconduct. As DUI lawyers, we take our job seriously and are proud that our clients often have their charges dropped or reduced to lesser offenses that don't carry the consequences of a DUI conviction.
