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Can I beat a DUI in California?

www.shouselaw.com 888.327.4652 A former DA — now DUI defense lawyer — discusses how to beat a DUI in California. Most people arrested for a California DUI charge assume the evidence against them is insurmountable. Most of them are wrong. Fighting a DUI case almost always makes more sense than simply pleading guilty. For example, did you know that… More than 100 interfering substances, medical conditions and equipment malfunctions can cause DUI breathalyzers to generate falsely high readings? DUI blood testing is prone to error. When we re-test clients’ blood samples at independent laboratories, we frequently get different results…and sometimes find that the original sample was contaminated? Police officers are supposed to follow a standardized set of procedures in DUI roadside investigations…and very few of them do? Our team of California DUI attorneys consists of former drunk driving prosecutors, former DUI enforcement officers, and former police toxicologists. We defend clients throughout the state, including the San Francisco Bay Area, Los Angeles, San Bernardino, Riverside, Ventura, San Diego and Orange Counties. We handle cases ranging from simple misdemeanor drunk driving to DUI Causing Injury, California Felony DUI, vehicular manslaughter and gross vehicular manslaughter. Regardless the type of case, we visit the location, study the arresting officers’ training and background, reanalyze blood samples, examine the breathalyzers’ maintenance history, subpoena

Peace and love. Don’t drink and drive.

Peace and love. Don

Picture taken by OpenSkyMedia on 2005-08-25 09:36:39.

What if I refuse the breath test in a CA DUI?

More info at www.shouselaw.com 888.327.4652 California DUI law, like that of most other states, contains an “implied consent” rule. This law states that if you drive a car in California, and are lawfully arrested for a California DUI, you are deemed to have given consent to the chemical testing of your: blood, breath, or urine (only in cases where you are suspected of driving under the influence of drugs). Simply put, this means that you must submit to a chemical breath or blood test to determine the alcohol and/or drug content in your body after you have been lawfully arrested for a California DUI. “After” is the operative word. The hand-held Preliminary Alcohol Screening (PAS) test that may be offered at the side of the road before you get arrested is not mandatory under this law. The PAS test is considered a field sobriety test (FST)…and FSTs are just tools to help the officer decide whether to arrest you for DUI. This means that submitting to the PAS and then refusing to submit to a subsequent chemical test after your arrest will be considered a refusal. A DMV hearing (called an Administrative Per Se or APS hearing) is conducted to determine whether the motorist willfully refused the blood or breath test. If you lose the hearing, the penalties and punishment for a chemical test refusal in California will include: *A one-year driver’s license suspension for your first DUI offense, *A two-year license revocation for your second DUI offense within ten years, or *A