Legal Question in DUI Law in California

Unless there is something that your son has left out, it would appear that he has a good case. You should consult with a good attorney in your area.

BARRY BESSER

www.besserlaw.com

There are some good facts you point out in regards to your son's matter. But I have other questions for you and it would be quicker to simply call my office at 661-267-1313 and we can discuss on the phone all the things you need to know to help your son. I look forward to speaking with you......David Wallin

Of course he 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, and can you be convicted, and what can you do? While this isn't a 'capital case', you certainly face potential jail and fines, so handle it right. The facts of this case offer hope for a good outcome. 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. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.

The prosecution must be able to prove beyond a reasonable doubt that your son was under the influence of alcohol, drugs or both... and to a point where he was too intoxicated to care for his own safety or the safety of others. I'm missing that from what you wrote... There is no requirement for a chemical test or field sobriety tests, but patrol videos and/or videos from the jail may show your son's demeanor (and presumably his lack of intoxication).

If no charges are filed or they are eventually dismissed (not by way of a plea deal or diversion, but outright dismissed), your son should look into filing a petition for factual innocence under Penal Code section 851.8. It is his burden to show that there was no reasonable basis to arrest him. If granted, it is an order to the police to seal, then eventually destroy the record of his arrest and remove it from his criminal history - something that would otherwise show up on his backgrounds for medical school and/or medical licensing.

This is definitely worth getting an attorney over.