The smallest violation of your rights during and/or following an arrest for DUI in San Diego could result in the dismissal of both cases against you – but that isn’t something you can count on.
Something you can count on is that if an “Adminstrative Per Se” (A.P.S.) is not requested within TEN calendar days of your arrest your privilege to drive will be suspended – even if you have a license from another state and/or you are on active duty.
If you’re up against this deadline, set the hearing now. The phone number for San Diego Driver Safety Branch of the DMV is (858) 627 3901.
But once the hearing is requested what really happens?
- » What does each process entail?
- » What happens in Court?
- » Should you take a plea bargain?
- » What is a plea bargain?
- » What will happen if you accept a guilty plea?
- » Do I have to go to trial?
- » Is jail a real possibility?
Unfortunately, immediately after being arrested for DUI a lot of these questions can’t be answered because all of the evidence isn’t available. Information that needs to be gathered and reviewed includes:
- » Police Reports,
- » Calibration Logs,
- » Computer Automated Dispatch Reports,
- » Available audio and/or video recordings,etc.
Once this discovery has been provided the questions then become:
- » What evidence is reliable? or Isn’t?
- » Which prosecutor will be assigned to your case?
- » Would the additional testimony of an expert help?
- » Will the Judge in your case be understanding?
- » What happens with your license?
- » Which rules of law apply in your UNIQUE situation?
A majority of these questions can be answered by even the newest attorney, but in the context of a DUI it is much, much more important to understand the science involved.
Breath machines, for example, “theoretically” measure your blood alcohol level by sampling your breath then multiplying the measurement of alcohol in your breath using the standardized ratio of 2,100 parts breath to 1 part blood. The calculator in the machine then attempts to extrapolate the estimated amount of alcohol contained in your blood.
But this approach not only uses a standardized conversion ratio, which is most likely not accurate in your case, but it is also based on William Henry’s scientific theory regarding the solubility of gases in liquids which was first published in 1803.
Henry’s law, as it is now known, is a valid scientific theory, BUT, only in a CLOSED system. Your lungs are not a closed system otherwise you couldn’t be reading this – right?
Don’t rely on what you have heard or have been told, you can defeat a breath test.
If you would like to discuss this or your San Diego DUI arrest please call (619) 655 9535 or send your questions/comment via E-mail to Michael@SanDiego-DUI-Lawyer.com.
Recommended San Diego DUI Information:
DUI Attorney Fees in San Diego, California
About San Diego DUI Attorney Michael Richmond
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