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The Piper Law Firm
8350 Wilshire Blvd.
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Beverly Hills, CA 90211
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323.556.0766
Driving Under the Influence
There are few accusations in our criminal justice system that garners more attention than Driving Under the Influence (DUI). There is an enormous amount of time and effort paid to the DUI field. There are a lot of sources of information and disinformation. Therefore, it is important to know fact from fiction.
California, like most states, considers a driver too intoxicated to drive at a Blood Alcohol Concentration (BAC) of .08. Whatsmore, if a driver is arrested he or she must submit to a breath or blood test. If the test shows the driver has a Blood Alcohol Concentration of .08 or higher, charges will most likely be filed.
But that is not the end of the inquiry; one can still be arrested and convicted of DUI if their BAC is less than .08 percent. California has a separate drunk driving statute which can allow for a conviction if any intoxicating substance, alcohol or drugs, impairs the driver’s ability to operate a motor vehicle. Therefore, it is possible to be convicted with a low BAC, or even no BAC at all.
That is why refusing to take the Field Sobriety Tests (FSTs) is usually a good idea. There is no legal obligation to "walk the line," touch your nose or submit to any of those tests. Often, the driver's performance on the tests are used as evidence of their intoxication; justifying an arrest.
If arrested for DUI the State of California, through the Department of Motor Vehicles (DMV), will also seek to suspend the license of the accused driver. DMV does this in a process that is separate and apart from any actions taken in court. After an arrest, the driver has ten days to request a hearing from DMV. Failure to request a hearing can, and usually does, result in automatic suspension or revocation of the driving privileges of the accused driver.
Fighting a DUI case can become very technical and very complicated very fast. Issues with the procedures used by the officer, the calibration of the machine and the validity of a blood or breath sample are all common in a drunk driving case. Further, there is frequently a question of whether or not the officer legitimately made an arrest.
DUI is different than any other criminal charges. To adequately represent a person on a drunk driving charge, the attorney must know something about human physiology, chemistry, engineering and the nature of police officer training. The good DUI attorney not only is a good trial lawyer, but is also a very intelligent person overall.
There are also a number of legal solutions in resolving a DUI matter. Motions such as suppression and Pitchess are often needed. Further, an understanding of the court system and how juries react to various pieces of information is vital to negotiating a DUI case.
Do not try to negotiate the mine field of the Courts and DMV by yourself. If you have been arrested, you need help from an experienced lawyer now. As a former member of a law firm that focused solely on Drunk Driving Defense, David Piper of The Piper Law Firm has the experience you need.
Call now to save your license and your reputation.