Drunk Driving & DUI

Top El Cajon DUI Lawyer–Fight Your Drunk Driving Charges

When you are charged with the crime of Driving Under the Influence (DUI), most commonly you will be facing two battles: one with the prosecutors in court and one with the California Department of Motor Vehicles (DMV) over your driver license.

Learn more:   Court Hearing Process for DUI Cases   DUI DMV Hearing

                          DUI Breath Test Results   Field Sobriety Tests in DUI Cases

                          DUI Blood Test Results   Free DUI Ebook Download

When the prosecutors file DUI charges, they usually allege two separate crimes, both of which are DUI allegations. They allege first that the accused was driving while intoxicated-that the alcohol impaired the accused’s ability to safely drive a motor vehicle. We call this the “a” count, based on Vehicle Code § 23152(a). The second charge is for driving with a Blood Alcohol Concentration (BAC) of .08% or more. We call this the “b” count, based on Vehicle Code § 23152(b). If you are alleged to have been driving under the influence of drugs other than alcohol, only the “a” count will be filed.

The prosecutors charge both crimes because it gives them two strategies for proving you were guilty of a DUI. Some people can have a BAC of less than .08% but still be impaired for driving. Others can have a BAC of over .08% but still be able to safely drive a vehicle.

DUI charges are based primarily on scientific evidence. You need a lawyer who knows the science and technology used by prosecutors in DUI cases. There are many potential defenses to DUI charges, all based on the different science, technology and techniques applicable to your case. Issues that must be looked into are whether the prosecutors can prove you were driving, rising blood alcohol, dropping blood alcohol, timing, calibration and maintenance logs, the functioning of the testing devices used by the prosecution’s lab (most commonly breath testing machines or gas chromatographs), witness credibility, your pattern of eating and drinking, etc.

The science behind DUI laws is sophisticated and complicated. It is also based on various assumptions and presuppositions. You need a San Diego East County DUI law firm who knows how to exploit and attack the prosecution’s evidence. Lounsbery Law Office, PC has had success doing just that.

El Cajon Attorney to Beat Your DMV APS Hearing

When you were arrested for a DUI, the officer probably gave you a pink piece of paper. This paper is your temporary driver license that lasts for 30 days. It is also notice to you that, if you wish to prevent your license from being suspended in 30 days, you have 10 days within the date of your arrest to contact the DMV to schedule an Administrative Per Se (APS) hearing. When scheduling your APS hearing, you also must ask the DMV to “stay” the suspension of your license until after your hearing and to provide you with all the discovery pertinent to your case.

The Substantive Law of the APS Hearing

The DMV’s only concern is whether or not they will suspend your privilege to drive in California. In order to suspend your license after an APS hearing, the DMV must prove three things: 1) the law enforcement officer had reason to believe you were driving while intoxicated, 2) you were lawfully arrested, and 3) you were driving with a BAC of .08% or more. If you were 1) under 21 years old at the time of driving or 2) were on probation for DUI or a wet reckless at the time of driving, then the DMV only needs to prove you were driving with a BAC of .01% or more.

The evidence the DMV uses are the police reports, witness statements, breath test or blood test results, and, potentially, the officer’s testimony during the hearing.

The Procedural Law of the DMV APS Hearing

The hearing takes place at the local DMV Driver Safety Office, not the courthouse. The hearing is conducted by a DMV employee, who is the Hearing Officer. The Hearing Officer acts as the judge, jury and prosecutor all at the same time. In that sense, the hearing is not fair. All the evidence and the law are viewed in a light most favorable to the DMV’s position.

There are various laws that govern the way the hearing is supposed to proceed and the type of evidence that the DMV can use against you. The Vehicle Code, Government Code, Evidence Code, and Title 17 all have an impact on the hearing. The El Cajon DMV lawyer who knows these laws backwards and forwards stands the best chance at using the law for your benefit.

Consequences of Losing the DMV APS Hearing

If the DMV feels it has proven its case against you, it will suspend your privilege to drive. If you have not been convicted of a DUI or wet reckless in any state within the last 10 years, the suspension will last for 4 months.

You Must Hire a Successful El Cajon DUI/DMV Attorney

You give yourself the best chance at winning your DUI and DMV hearing when you hire a lawyer who is knowledgeable and experienced. At Lounsbery Law Office, PC, we have successfully defended countless clients against DUI charges and have saved countless clients’ driver licenses. The information presented in this website is only the beginning. There are many more issues to discuss and resolve. There are too many questions and issues involved in DUI/DMV cases to answer here. Make sure you complete the 8 client homework assignments to help us win your case. To have an honest and thorough conversation about your case, contact El Cajon DUI attorney Tate R. Lounsbery today. He will take the time to answer any questions you might have and explain the steps you must take to defend yourself.

Learn more:   Court Hearing Process for DUI Cases   DUI DMV Hearing

                          DUI Breath Test Results   Field Sobriety Tests in DUI Cases

                          DUI Blood Test Results   Free DUI Ebook Download

To contact Lounsbery Law Office, PC today for a free consultation, send me an email or call 619-792-1451.