DUI LAWYER TO DEFEND A CHARGE OF DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS AND HELP YOU KEEP YOUR DRIVERS LICENSE
If you were arrested for driving under the influence (DUI) of alcohol, drugs, prescriptions, or a combination of them, David Pflaum is a highly experienced DUI lawyer who helps you get the right results.
Don’t think that just because you got arrested for a DUI that your only option is to plead guilty, go to jail, pay a large fine, attend an alcohol school, lose your license, and ruin your record.
You have constitutional rights. Let a skilled criminal lawyer with decades of experience fight for your rights.
YOU HAVE OPTIONS WITH AN EXPERIENCED DUI LAWYER
Attorney Pflaum helps you figure out your best options if you are facing charges for driving under the influence under California Vehicle Code sections 23152(a), 23152(b), 23153(a), or 23153(b).
If you have three or more prior convictions for DUI, or if you were involved in an accident that injured another during an alleged DUI, click here on felony DUI.
Here are some important areas attorney Pflaum examines to help you win your DUI case.
Did The Police Have A Valid Reason To Pull You Over: One important way to defend an accusation of a DUI is to determine whether the police had a valid reason to pull over your car.
If the California Highway Patrol is involved, there should be a video recording of the driver before he or she was pulled over.
If you were arrested by another law enforcement agency, most of them now have body cameras that may be helpful in proving whether the field sobriety tests were done correctly, and that the accused was not under the influence of alcohol.
The video recordings can be very helpful to challenge the reason why the police stopped your car, or prolonged the detention of you longer than was necessary, or the performance on the field sobriety tests.
If a judge agrees that the police had no valid reason to stop your car, the case may be dismissed.
Sobriety Checkpoint: If you were stopped at a sobriety checkpoint, there are procedures the police must follow in order to obey the law. If the police did not follow the procedures, a judge may dismiss the case.
Field Sobriety Tests: The results of the field sobriety tests can vary from person to person. Most experts agree that field sobriety tests are coordination tests that do not significantly evaluate a person for sobriety.
The police almost always claim that a person “failed” the field sobriety tests, but there are numerous ways to show that a person performed them just fine and the person was not under the influence.
Alcohol Tests: There are three separate tests available to law enforcement: 1) a preliminary alcohol screening (“PAS”) device; 2) a intoxilizer; 3) a blood test.
The PAS test requires consent, and that the PAS operator have training and calibration logs for the device.
The intoxilizer machine is located at the jail and requires certifications and that the officer observed the client continuously for 15 minutes prior to giving a breath sample and that the machine was tested prior to and after the person gave a breath sample.
A blood test requires the consent of the person who was arrested or a warrant. The results of the sample are not available for 2-3 weeks, and may be retested by an independent forensic toxicologist.
Driving Pattern: The manner in which a person was driving is an important factor. If a person was pulled over for a minor equipment violation, or some other minor infraction, there are jury instructions that will help you possibly win your case.
WINNING YOUR CASE DURING THE COURT PROCESS
Attorney Pflaum appears in court, usually without the need to have the client come to court, to work to eliminate or reduce the criminal charges, avoid more jail time, and minimize the punishment that a judge and prosecutor might want to impose.
This process is called plea bargaining.
The best way to achieve an excellent plea bargain is to emphasize the strengths of the client’s case, and the weaknesses of the prosecution’s case. For example, there may not be a justifiable basis for the detention of the client, the client was not driving, the client was not under the influence or impaired at the time of the arrest, and the breath or blood test results are incorrect.
Jury Trial: If there is a dispute about the question of whether you were driving under the influence, sometimes the best option is to go to trial. An experienced attorney knows how to prepare witnesses for trial, cross examine the police officer and the experts, and present a solid defense.
Contact the Law Offices of David Pflaum today to review your case
COMMON ALCOHOL/DRUG DRIVING OFFENSES
Driving Under Influence of Alcohol or Drugs (DUI), Vehicle Code section 23152(a)/(b)
It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
Driving Under Influence of Alcohol or Drugs Causing Injury, Vehicle Code section 23153(a)/(b)
It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.
Guilty Plea to Lesser Charge (“Wet Reckless”), Vehicle Code section 23103/23103.5
A reduced offense to a DUI charge is called a “Wet Reckless.” It is less serious than DUI, increases your chances of keeping your license, there is no minimum jail time requirement, the fines are smaller and if probation is granted is less than that of a DUI offense.
Reckless Driving, Vehicle Code section 23103
A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
Vehicular Manslaughter While Intoxicated, Penal Code section 191.5 (a)/(b)
Vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driver was under the influence of alcohol or driving reckless, and the killing was the proximate result of the commission of an unlawful act, not amounting to a felony, and with or without gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with or without negligence.
Driving Under Influence of Alcohol Under 21, Vehicle Code section 23136
It is unlawful for a person under the age of 21 years who has a blood-alcohol concentration of 0.01 percent or greater as measured by a preliminary alcohol screening test or other chemical test, to drive a vehicle. Additional penalties are assigned than those of a DUI.
Driving Under Influence of Alcohol Under 21, Vehicle Code section 23140
It is unlawful for a person under the age of 21 years who has a blood-alcohol concentration of 0.05 percent or greater as measured by a preliminary alcohol screening test or other chemical test, to drive a vehicle. Additional penalties are assigned than those of a DUI.
Do not risk your freedom. We are available 24 hours a day including weekends. Stand up for your rights.
Contact the Law Offices of David Pflaum today to review your case
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