Drunk Driving, DUI, DWI

1. GET THE CHARGES DISMISSED:

The ultimate result in a drunk driving (DUI, DWI) case is an absolute dismissal of all charges. This could happen in one of two ways: either the case is dismissed prior to going to trial, or going to trial and obtaining a verdict of Not Guilty.
It is impossible to say what I, as your attorney can do on your case without knowing the facts of your drunk driving case and doing a full investigation. Every drunk driving case is different. I have been handling drunk driving cases in San Diego, California for years, and a few of the ways I have won these cases in the past are:

A. Show that the stop of the vehicle was illegal. To have the case dismissed this way, an Illegal Search and Seizure Motion is filed.

B. Show the standardized field sobriety tests were administered improperly by the arresting officer and may not be used against the person in court.

C. Show that the breath test was administered improperly and may not be used.

D. Show the police officer has inconsistencies in the police report and the case cannot be proven beyond a reasonable doubt.

2. OBTAIN A NOT GUILTY VERDICT:

In the event the prosecution will not dismiss the charges, it may be necessary to have a judge or jury trial. Only a highly skilled and trained attorney should handle a case at trial. The evidence must show guilt "beyond a reasonable doubt" before a guilty verdict is returned. Before a case goes to trial it should be evaluated properly. Trial is the ultimate defense and should not be handled unless the case is totally prepared by an extremely skilled and competent attorney.

3. OTHER POSSIBLE RESULTS:

A. Dismiss the drunk driving charges and plea to a lesser offense:
In the past I have resolved certain drunk driving cases where the client pleads guilty to a lesser charge, such as reckless driving, public intoxication, or even minor traffic offenses such as speeding or illegal lane changes.

B. Keep you out of jail:
If there is a bad accident in your case or other aggravating facts (prior convictions....extremely high breath or blood test) the prosecution may want to put you in jail. Most people do not want to spend any amount of time in jail. I, as your attorney, will do everything in my power to avoid jail time for my clients.

C. Save your drivers license:
In almost every drunk driving (DUI, DWI) case the prosecution and/or the DMV will attempt to suspend your driver’s license. It is my job to fight these efforts to suspend your license. The laws allowing the prosecution to suspend your license have become tougher in recent years. This requires that an attorney be highly qualified in this area to properly fight these attempted suspensions.