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| THE LAW OFFICES OF PAUL PURI & ASSOCIATES |
DUI DRUNK DRIVING CASES
ATTORNEY PAUL N. PURI
DUI Defense Attorney
Drunk Driving Defense Lawyer
in the Bay Area and Northern California
"DUI", "Driving Under the Influence," "Drunk Driving," etc., are all
synonymous, in California, with a violation of Vehicle Code
section 23152. Most individuals will need a criminal defense
lawyer to protect them during them during the proceedings. DUI
cases are very technical, and one does not want to make the
mistake of proceeding without a defense attorney.
In most DUI cases, a defendant is charged with what is
commonly called the "A Count" and the "B Count," meaning
Vehicle Code section 23152(a) and 23152(b). The "A Count" is
driving under the influence; "B Count" is driving with a Blood
Alcohol Level ("BAC") greater than .08%.
In most cases, people are stopped on the side of the road or
highway when an officer observes "unsafe lane changes,"
"swerving" or some other kind of bad driving. It is very important
in DUI cases for the attorney to analyze why the initial stop
occurred, because, like any other criminal defense case,
constitutional rights are involved. If the officer did not have the
right to make the initial stop, there may be a motion to suppress
evidence available, which could result in a dismissal of the case.
Assuming the officer had a right to make the initial stop, he or she
will usually write in the police report that he or she observed
"blood shot, red, watery eyes, and a strong odor of alcoholic
beverage emanating from the driver," ask the driver to get out of
the car, and perform a Preliminary Alcohol Screening (PAS) with a
small hand-held device. If the PAS registers positive, then the
officer will ask the driver to perform a series of exercises known
as Field Sobriety Tests (FST), including, walking a straight line,
counting backwards, touching the fingertips to the tip of the nose,
etc. Usually, the officer will report that the driver performed poorly
on these tests and arrest him or her.
When the officer gets the potential defendant back to the station,
he or she will ask the driver whether he or she wants to take a
breath or blood test. Most people wisely opt for the breath test,
because it is less painful, and also because the Breathalyzer
machines are known to be prone to malfunction. Those who are
too drunk to sit up straight, or those who are belligerent to police
will get the blood draw. The blood samples are sent to a lab for
testing, and are often more difficult to impeach at trial.
Everyone then has their driver's license confiscated, and they are
issued a temporary license in the form of a pink slip of paper. At
the top left of the paper is a phone number to the DMV hearing
line, which should be called within ten (10) days to request an
in-person hearing. The attorney can fight for the client at the DMV
hearing to seek retention of the driving privilege.
Like other criminal cases, DUI prosecutions can successfully be
defended by use of forensics experts to challenge the sufficiency
of the scientific evidence, i.e., the machine read-outs, the FST
results, the lab results, etc. These can be used to defeat the "B
Count" at trial, which can be an effective way to save some
problems with the Department of Motor Vehicle. Thus, fighting a
jury trial on a DUI charge is not at all pointless. In fact, it can save
the defendant points on the driving record. Obviously, if the
defense forensic investigation proves that the prosecution's
evidence has flaws, one can be acquitted on both counts.
For most people, pre-trial plea agreements are acceptable,
because, depending on the BAC percentage, prosecutors are
willing to amend the complaint to allege a lesser offense, for
example, "Dry Reckless" or "Wet Reckless." If the defendant can
enroll early in a First Offender Program, and alcohol education
class, then DUI cases can often be resolved very quickly.
synonymous, in California, with a violation of Vehicle Code
section 23152. Most individuals will need a criminal defense
lawyer to protect them during them during the proceedings. DUI
cases are very technical, and one does not want to make the
mistake of proceeding without a defense attorney.
In most DUI cases, a defendant is charged with what is
commonly called the "A Count" and the "B Count," meaning
Vehicle Code section 23152(a) and 23152(b). The "A Count" is
driving under the influence; "B Count" is driving with a Blood
Alcohol Level ("BAC") greater than .08%.
In most cases, people are stopped on the side of the road or
highway when an officer observes "unsafe lane changes,"
"swerving" or some other kind of bad driving. It is very important
in DUI cases for the attorney to analyze why the initial stop
occurred, because, like any other criminal defense case,
constitutional rights are involved. If the officer did not have the
right to make the initial stop, there may be a motion to suppress
evidence available, which could result in a dismissal of the case.
Assuming the officer had a right to make the initial stop, he or she
will usually write in the police report that he or she observed
"blood shot, red, watery eyes, and a strong odor of alcoholic
beverage emanating from the driver," ask the driver to get out of
the car, and perform a Preliminary Alcohol Screening (PAS) with a
small hand-held device. If the PAS registers positive, then the
officer will ask the driver to perform a series of exercises known
as Field Sobriety Tests (FST), including, walking a straight line,
counting backwards, touching the fingertips to the tip of the nose,
etc. Usually, the officer will report that the driver performed poorly
on these tests and arrest him or her.
When the officer gets the potential defendant back to the station,
he or she will ask the driver whether he or she wants to take a
breath or blood test. Most people wisely opt for the breath test,
because it is less painful, and also because the Breathalyzer
machines are known to be prone to malfunction. Those who are
too drunk to sit up straight, or those who are belligerent to police
will get the blood draw. The blood samples are sent to a lab for
testing, and are often more difficult to impeach at trial.
Everyone then has their driver's license confiscated, and they are
issued a temporary license in the form of a pink slip of paper. At
the top left of the paper is a phone number to the DMV hearing
line, which should be called within ten (10) days to request an
in-person hearing. The attorney can fight for the client at the DMV
hearing to seek retention of the driving privilege.
Like other criminal cases, DUI prosecutions can successfully be
defended by use of forensics experts to challenge the sufficiency
of the scientific evidence, i.e., the machine read-outs, the FST
results, the lab results, etc. These can be used to defeat the "B
Count" at trial, which can be an effective way to save some
problems with the Department of Motor Vehicle. Thus, fighting a
jury trial on a DUI charge is not at all pointless. In fact, it can save
the defendant points on the driving record. Obviously, if the
defense forensic investigation proves that the prosecution's
evidence has flaws, one can be acquitted on both counts.
For most people, pre-trial plea agreements are acceptable,
because, depending on the BAC percentage, prosecutors are
willing to amend the complaint to allege a lesser offense, for
example, "Dry Reckless" or "Wet Reckless." If the defendant can
enroll early in a First Offender Program, and alcohol education
class, then DUI cases can often be resolved very quickly.
"I believe in our freedoms;
so I'm calling it 'accusation
law.' I don't like the phrase
'criminal law.' You're not a
criminal if the prosecution
can't prove it. When I fight
for you, this is the law of
accusations not criminals."
-Paul N. Puri,
Attorney for the Accused
so I'm calling it 'accusation
law.' I don't like the phrase
'criminal law.' You're not a
criminal if the prosecution
can't prove it. When I fight
for you, this is the law of
accusations not criminals."
-Paul N. Puri,
Attorney for the Accused
Click here to learn about Mr.
Puri's hard-fought victories.
Puri's hard-fought victories.
| IS YOUR LIFE, LIVELIHOOD AND FREEDOM AT RISK DUE TO ACCUSATIONS OR CHARGES? DO CHARGES THREATEN YOUR REPUTATION? CALL PAUL. HE CAN PROTECT YOU! Call Toll Free (888) 814-2213 |
"Please tell us about
your case, including
your email address
and phone number,
and I'll respond the
same day, guaranteed."
-Attorney Paul Puri
your case, including
your email address
and phone number,
and I'll respond the
same day, guaranteed."
-Attorney Paul Puri
Main Office
225 Bush Street
16th Floor
San Francisco, CA 94104
Tel: (415) 295-4799
Fax: (415) 295-4798
2570 North First Street
2nd Floor
San Jose, CA 95131
Tel: (408) 432-7340
500 Airport Boulevard
Suite 100
Burlingame, CA 94010
Tel: (650) 363-7050
1990 N. California Boulevard
Suite 830
Walnut Creek, CA 94596
Tel: (925) 944-1533
2225 East Bayshore Road
Suite 200
Palo Alto, CA 94303
Tel: (650) 327-1820
Oakland, CA
Tel: (510) 434-9105
appointments@paulpuri.com
225 Bush Street
16th Floor
San Francisco, CA 94104
Tel: (415) 295-4799
Fax: (415) 295-4798
2570 North First Street
2nd Floor
San Jose, CA 95131
Tel: (408) 432-7340
500 Airport Boulevard
Suite 100
Burlingame, CA 94010
Tel: (650) 363-7050
1990 N. California Boulevard
Suite 830
Walnut Creek, CA 94596
Tel: (925) 944-1533
2225 East Bayshore Road
Suite 200
Palo Alto, CA 94303
Tel: (650) 327-1820
Oakland, CA
Tel: (510) 434-9105
appointments@paulpuri.com