THE DEDICATED PACIFIC BEACH DUI LAWYER FOR A CHARGE OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS
If you were arrested for driving under the influence (DUI) of alcohol, drugs, or prescriptions, or a combination of them, a skilled and experienced Pacific Beach DUI lawyer can help 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 their record.
You have constitutional rights. Let an experienced criminal defense lawyer fight for your rights.
YOU HAVE OPTIONS WITH AN EXPERIENCED DUI DEFENSE LAWYER
Attorney Pflaum can help you figure out your best options if you are facing charges for driving under the influence, according to Vehicle Code sections 23152(a), 23152(b), 23153(a), 23153(b).
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 the San Diego County Police, there should be a body camera recording.
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.
The video can be helpful in determining whether the field sobriety tests were done correctly, and if you performed them well, in order to prove that you were not under the influence.
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 consent of the arrestee 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
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.
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 criminal defense attorney knows how to prepare witnesses for trial, cross examine the police officer and the experts, and present a solid defense.
Some typical defenses might be:
- 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
- the breath or blood test results are incorrect.
PROVEN RESULTS
Click on the words results or testimonials to learn more about how well we defend charges of driving under the influence of alcohol and/or drugs..
For immediate help, contact the right defender
(760) 806-4333
Vista – Escondido – Carlsbad – Fallbrook – Oceanside – Encinitas – Solana Beach – San Ysidro – Chula Vista – San Diego – Carmel Valley – Pacific Beach – Del Mar – San Marcos – El Cajon – La Costa – Leucadia – La Jolla – Mission Beach – Imperial Beach – North Park – Hillcrest – Rancho Santa Fe – Poway – North County – South Bay – Coronado – Miramar – Scripps Ranch – Rancho Bernardo – Ramona – National City – Santee