DUI

Arrested for Drunk Driving (DUI)?

Should you fight the case?
Plead guilty?
Settle for a "wet reckless"?

Call for a Free Consultation: (530) 244-7745.  My services include consultation with a forensic alcohol expert recognized for his expertise in breath tests, blood tests, field sobriety tests, PAS tests and other factors affecting your case.

Did You Know ?

You have no legal obligation to answer the officer's questions, such as: Have you been drinking? How much? Are you feeling the effects? When did you start? When did you stop? Answering these questions helps the prosecutor build a case against you. (You must provide your license, registration, and insurance card and comply with the officer's directives.)

You have no legal obligation to submit to the roadside preliminary alcohol screening (PAS) breath test (unless you are under 21 or already on DUI probation). The Legislature says the PAS test is voluntary, and the officer must tell you so.

You have no legal obligation to perform the officer's field sobriety tests. The tests are not videotaped and your performance is being judged by an officer who already suspects you were driving under the influence. Also, only three field sobriety tests (nystagmus, walk and turn, one-leg stand), administered together, have been validated by correlation studies by the National Highway Traffic Safety Administration.

If arrested, you must submit to a blood or breath test, but choosing a blood test allows you to retest the blood for alcohol level, preservative, and ABO typing, using your own expert.

Breath test devices have a margin of error of 10%. They overstate the alcohol level when alcohol is still being absorbed into the gastrointestinal tract. They overstate the alcohol level when body temperature is elevated. They use a "partition ratio" of 2100 to 1 to estimate the blood-alcohol level even though some drivers will have a lower ratio when tested, making the test unfair to those people.