Legal Question in DUI Law in California

Many if not most DUIs can be beaten, or made less severe, with good legal help. The 10 day clock to request a DMV hearing is ticking. Don't get your legal advice from cops, even friendly ones.

After 25 years of being an attorney, and as a Former Deputy District Attorney and a Criminal Law Specialist, many clients of mine have been given advice and. information from well-meaning friends.....99 percent of them ALL WRONG. The fact that no test was done after your arrest probably means your case is a "REFUSAL". I have no clue what your friend means. You have 10 days to file with DMV or you lose your driving privelge WITHOUT A FIGHT. I will be available after 10 am tomorrow when I get out of court. You may call me to talk about your case..... David Wallin

If there was no refusal, which I highly doubt there was as you complained in the field, then you have a good chance as the PASS tests aren't as reliable as the BAC tests.

The records of the calibration must be challenged.

However, I want you to know one thing, some clients who get DUIs think they didn't take a field sobriety test, or test at the station, but were too drunk to remember they did. I am not saying this is the case with you, but that is a possibility.

If you have any further questions or would like a free consultation, please feel free to contact my office at anytime.

Nice try, no brass ring. You can be charged, and convicted possibly, with NO testing done, based simply on the officer's field observations of your impaired driving and responses.

Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. While this isn't a 'capital case', you certainly face potential jail and fines, so handle it right. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction, or other decent outcome through plea bargain, or take it to trial if appropriate.

Keep in mind a little free advice: When charged or arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.