San Diego criminal lawyer David Pflaum is The Right Defender™ for a felony dui accusation. He has the compassion, experience, and expertise that every person needs in their defense lawyer and delivers the right results.
A felony DUI arises when a driver of a vehicle, while under the influence of alcohol, drugs, or both, injures another. The penalty can range from probation to three years in prison (Vehicle Code section 23153).
If the injury to another is serious the prosecution may add sentencing enhancements that elevate the felony DUI to a violent and serious felony DUI that may add three years of additional punishment ( Penal Code section 667.5 and 1192.7, 12022.7).
The professional defense of a felony dui begins with a consultation to learn the facts of the case and the client’s general background.
Lawyer Pflaum next examines the arrest reports, blood and breath alcohol results, diagrams of the area where the accident occurred, witness statements, videos if available, and medical records of the victim.
These are effective defenses to a felony DUI accusation.
- The client did not cause the accident
- The client was not impaired
- Rising blood alcohol
- No warrant for a blood test
- Faulty chemical testing
- Insufficiency of the evidence
- Violation of the right to remain silent
- Incomplete investigation
Other important areas of inquiry include the following.
Field Sobriety Tests. 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. Good driving indicates a driver is not impaired by alcohol or drugs.
Resolution of the case comes in many forms at different times in the court process. Before court begins, a written request to the prosecutor based on evidence the police overlooked or did not have access to at the time of the arrest may result in dismissal of the case or a reduction of the charges
A written petition that alleges the police violated a client’s constitutional rights may at times result in a dismissal of the case or a reduction of the charges
The plea bargain is a beneficial agreement between the defense, prosecution and judge to dismiss or reduce the charges, reduce the punishment, and avoid time in custody.
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