Bakersfield DUI Lawyer, Bruce Blythe
                   Call Bruce Now at 661-327-7833
When looking for a DUI attorney in Bakersfield you should check the rating he
or she has been given and consider how many years the lawyer has been
practicing law.  Bruce Blythe is a top rated (10 out of 10) defense attorney with
impeccable credentials in the area of criminal defense.
For 21 years Mr. Blythe
and his associates have been fighting DUI charges for clients in Bakersfield.  
Drunk driving is the number one reason most ordinary people will come into
contact with the criminal justice system.  Yes, it can happen to anyone, nurses,
engineers, accountants, oil field workers, students, doctors, the list goes on and
on. Remember, a mere arrest for driving under the influence does not mean you
now have a DUI, the law requires the District Attorney to prove that anyone
accused of a crime is guilty beyond a reasonable doubt.  However, you must act
quickly and not sit on your rights.  The DMV will presume you do not wish to
challenge the arrest unless you or your attorney take steps to secure a hearing
within 10 calendar days from being released.  The consequences of a drunk
driving can be severe but Bruce and his staff have handled thousands of DWI
cases and have developed at least 25 ways the cases can be successfully fought.

Did You Know:  The breath testing machine used by Bakersfield Police, CHP
and KCSD assumes the person blowing into it has a "normal body temperature".  
That is, the device will read a certain  BAC with the assumption that the temp of
the air is within normal ranges, therefore, if the person submitting to a test has a
higher that normal temperature due to a fever, etc.  the result will read falsely
high.  In a recent study done by Fox and Hayward it was found that for every
degree above normal the breath test will falsely report a increase of 8.6 percent.  
In low ranges this could push a person who is actually a .06 or .07 to a false .08
or .09.  If you were suffering from the flu, a cold or infection at the time of the
arrest you should consult with an experienced DUI Lawyer about how this could
help the case.

Recent Case Victory:  
Mr. Blythe was retained by a local oilfield worker after an accident in southwest
Bakersfield.  The client had crashed into a fence and was contacted by the BPD
shortly thereafter when the officer observed that the driver "displayed symptoms
of intoxication" such as bloodshot eyes, odor of alcohol, and slurred speech.  He
admitted that he was drinking earlier in the evening.  According to the officer he
showed signs of impairment and was given SFST's.  He submitted to a PAS or
field breath test that resulted in a .23% alcohol level.  Based on that he was
arrested and his license was confiscated.  The attorneys immediately were able to
stop the suspension from taking effect.  They secured a hearing and presented
argument that the evidence failed to show that the breath test was reliable.  On
9-28-15, the DMV issued a set aside order agreeing with the lawyer.  The
decision which read " ...based on the preceding, it is determined that the
preponderance of the evidence in this case supports that the driver was not
driving with a .08 or higher..."  and the client got his license back that day.

In another case, Bruce and his associates were hired to fight a DUI in Kern
County near Tehachapi.  The client was involved in a serious car crash, the CHP
showed up, detained him, made him perform field sobriety tests and arrested him
for driving under the influence.  He was given a blood test that showed a BAC of
.18% (over twice the legal limit).  Not deterred, the attorneys filed a request for a
formal hearing with the DMV, at the hearing evidence was presented that
showed the blood was collected in violation of California law and the case was
thrown out, the client got his license back 5 days later in April 2015.

Top 3 Mistakes People Make After Being Arrested For DUI In Bakersfield
1.  Failing to contact an attorney who can file paperwork to immediately stop the
DMV from automatically suspending their license.  The CA department of motor
vehicles set forth a rule that requires an arrestee to actually request an APS
hearing within ten calendar days or lose their right forever.  Courts will not
permit any appeals unless the deadline is met and you will forever relinquish your
rights to clear the event from your record.
2.  Hiring the cheapest lawyer in town.  Most attorneys charge fees in direct
proportion to their years of experience.  When you pay the lowest fee for a
lawyer you usually get someone with little or no skill level or, worse yet,
someone with a bad reputation or a history of discipline with the state bar, so be
careful!
3.  Missing the Initial Court date.  A DUI is NOT a traffic ticket so you will not
receive a courtesy notice from the Courthouse.  A Judge will transmit a warrant
for your arrest that will go out to all law enforcement databases in the country.  
You will be arrested and not permitted to be bailed out in many cases.

Question of the day:  What Is The 3 Hour Rule Pertaining To Blood Tests?
Under California law the District Attorney must prove that the blood alcohol level
in the driver's sample was the actual blood alcohol level he or she had at the time
of driving.  However, since a person's BAC changes over time it is not always
easy to establish that the driver was at that same level, particularly when the
blood is drawn hours later.  To remedy this problem the law states that the DA
gets a presumption(rebuttable) that the result was the driver's actual level at the
time of driving as long as it is collected within 3 hours from the time of driving.  
If the sample is collected outside the 3 hour window they can still use it in Court
but the prosecutor must establish that the level was above .08 through
independent evidence, such as the use of an expert toxicologist. This rule is often
overlooked by defense counsel and should always be scrutinized when evaluating
a DUI case.

Not many people realize that the police begin a DUI investigation the minute they
stop a motorist.  The way a driver retrieves his license, handles his or her wallet
and locates and presents the vehicle registration and insurance card all tell the cop
whether they will be continuing a detention for driving under the influence or
letting the driver go with a ticket or a warning.  We turn the tables in Court in
most cases where our client did not display any problems and show that the
driver's motor skills were normal and the suspect was not impaired either
mentally or physically and therefore there was no reason to arrest for DUI.

The penalty for a DUI in Bakersfield is about the same as for any other city in
California with some exceptions.  Under a new law passed within the last few
years some counties require the installation of an ignition interlock on your car if
convicted for driving while intoxicated, Kern County does nor participate in that
program at this time.  Nevertheless, penalties may include a fine, completion of a
program, probation, community service and possibly jail.

Getting arrested for drunk driving is just an allegation, nothing permanent goes on
your record unless you plead guilty, no contest or are convicted in Court.  There
is a presumption of innocence guaranteed by the Constitution and Judges take
that seriously.  This means that just because a police officer or CHP says you are
DUI doesn't amount to a hill of beans unless the Kern County District Attorney
proves your guilt beyond and to the exclusion of any reasonable doubt.  Bruce is
a Bakersfield DUI Attorney with real credibility because he fights the DA in
Court and wins many cases.  If you simply plead guilty you are giving up.

What if I was booked on a DUI in Bakersfield but live in a state other than
California?  We can help.  Bruce can attend Court on your behalf but we still
need to contact the DMV to arrange a license hearing so that your out of state
license will be protected.  Next, our staff will obtain copies of the official police
reports, all accuracy records of the breath or blood testing equipment used in
your case along with the reported numerical results.  We also get a Court order to
compel the agency that arrested you to turn over any dash mounted camera
records or video of the initial stop and detention.  The CHP, for example, has
dash cams on almost all of their patrol cars. From there the attorney often
consults with our  staff toxicologist to determine if any scientific errors were
made during the chemical testing, if so testimony can be elicited to rebut the
accuracy of the results both at the suspension hearing and in the criminal courts.

In most DUI prosecutions the state will introduce evidence to show the accused
was impaired due to alcohol to the extent they could no longer drive a motor
vehicle safely.  Much of this evidence can be refuted using the law enforcement
agency's own training manuals.  With regards to the field sobriety tests
administered by the officer, our attorneys have undergone extensive training to
cross examine the officer and establish that the "tests" were improperly
administered.   There was a time in or society when being pulled over and
arrested for driving while drunk in this country meant a ride home, a ticket and a
small fine, not anymore.  A DUI arrest is a serious crime and the consequences
can be dire, even more so for those who depend upon their license as part of
their job.  

                    California DUI Law Update
Recently, the state enacted legislation to allow for early driver's license
reinstatement for 2nd, 3rd and 4th time offenders.  Interestingly, this is one
change of the law that has helped drunk drivers as opposed to harsher
punishments being imposed.  The intent was to benefit the families of those
convicted by allowing transportation to and from work.  Another new bill coming
into law in 2014 allows Judges to grant diversion to misdemeanor defendants,
thereby resulting in dismissal of charges and maintaining a clean record.  
Unfortunately the law specifically excludes driving under the influence crimes.

Most people have no idea of the process when a loved one is arrested.  2 things
are triggered simultaneously.  The first is that the individual is given a Court date
to appear in the Bakersfield or other Kern County Court and answer to the
criminal charge of driving under the influence and/or driving with a .08% or
higher blood alcohol level. Second, the driver is given a DMV order of
suspension and temporary drivers license (A pink piece of paper). The individual
is then released by law enforcement, often after having spent several hours or
sometimes even days in the Kern County Jail. When released the person is often
tired, confused, traumatized and embarrassed, the person is given little
information about what will happen to them. This is where the services of a
Bakersfield DUI Attorney can make the difference.  
Call Bruce Blythe
Directly at 661-327-7833

The Court date for the criminal side of the DUI case is usually 2 to 3 weeks
away, however the DMV order of suspension must be immediately handled in
order to avoid an administrative suspension of the California driving privilege. By
statute, the DMV gives the driver only 10 calendar days to request a hearing.
Once the hearing is requested a stay of the suspension can be requested to avoid
any action on the driving record. We request a hearing in the Bakersfield office
of the Department of Motor Vehicles and obtain all of the documents prepared
by the arresting officer, these official documents may include the arrest report
and the results of the chemical test taken by the client along with affidavits
completed by the agency that effectuated the arrest. If blood was given, we get
those results from the lab that tested the sample, usually the Kern County Crime
Lab.

In many cases, we issue a Court ordered Subpoena for additional records such as
the calibration logs, communication records and testing history of the machine
used. Our Law Firm can handle everything that is necessary to protect our
client's drivers license and avoid a DUI conviction. If you call our Bakersfield
office you can immediately speak directly with the attorney about your case. We
can also clear old DUI warrants and release any hold on your California driver
license. Be aware, the clock starts ticking when you are released from the Kern
County Jail. If you do not file a formal request for a DMV hearing in a timely
manner your license will be suspended. Remember, a DUI CONVICTION
WILL STAY ON YOUR RECORD FOR 10 YEARS, pleading guilty or no
contest to a DUI without first consulting with a lawyer who concentrates on DUI
cases can be detrimental to your record.

Examples of Actual DUI Cases We Have Handled:

Mr. Blythe obtained a dismissal of all charges in east Kern involving a case
where his client was arrested in a parked car.  The CHP twisted the reports
around to make it look like the client was driving when he was not.  

Bruce's Office obtained a "set aside" of a DUI drivers license suspension at the
Bakersfield DMV.  The client was arrested while driving home near Taft
California on the outskirts of Bakersfield.  The car he was driving did not have
its headlights on and it was 11 p.m.  The client took a breath test that displayed a
result of .15 and .16%.  The accused had a good job with a national oilfield
company and risked losing it if his license was suspended.  With this in mind, we
set out to win the DMV hearing by showing that the paperwork they has was
faulty.  The DMV Judge agreed with us and dismissed the case.  License
returned!

Client was arrested in Southwest Bakersfield for DUI even though he was parked
in his car when BPD arrived, he blew a .18% on the breath machine, we went to
Court and convinced the District Attorney to dismiss the charges due to
insufficient evidence of driving.

Our client was arrested by the Bakersfield Police after she was found inside her
car that had crashed into a fence.  Witnesses to the event called 911 and the
investigating officer ran the client through a number of field sobriety tests and a
breath test that showed a BAC of .17%.  The client was referred to our office by
a friend and we immediately stopped the DMV from taking her license pending a
full hearing on the issues.  Bakersfield DUI Attorney Bruce Blythe sent out
subpoenas for the 911 records in the case and was able to expose a huge
evidentiary problem causing the DMV to set aside the action completely and
return her license.  In Court, the lawyer negotiated a dismissal of the DUI
charge(VC23152) and pleaded to a lesser offense.  

Our client was arrested in Tehachapi for a DUI, he had a prior conviction and
was facing mandatory jail and 2 year license suspension in the Mojave Court, we
appeared for the client and negotiated a dismissal of the DUI and thereafter went
to the DMV hearing and presented evidence to convince them to set aside the
mandatory suspension.

Our 19 year old client was stopped on Rosedale Highway for tinted windows, the
CHP officer detected alcohol on his breath and cited him for drinking and
driving(zero tolerance) after he failed the breath test.  We went to Court and got
the DUI dropped.  We then requested a DMV hearing and convinced the hearing
officer that our client's rights were violated in the case, the DMV agreed and
returned our client's license to him (Set Aside Under 21).

There are a number of legitimate legal defenses in any given driving under the
influence case.  A Bakersfield DUI Lawyer experienced in driving under the
influence defenses can explain the fine points of many potential defenses.

The following are some of the more fruitful areas of attack:
Constitutional
Rights Violations,
 No Proof of Driving, Miranda Rights Violations,  
Implied consent warning violations, Insufficient Evidence of being "Under
the influence", False Blood-alcohol concentration (BAC)
. Here are some
additional defense that can be used and effectively presented to a Court in a
drunk driving case :                                                                  

· Testing a subject while the person is still absorbing alcohol. The blood,
breath or urine test will be unreliable if done while you are still actively absorbing
alcohol (it takes 30 minutes to three hours to complete absorption; this can be
delayed if food is present in the stomach). Thus, drinking "one for the road" can
cause inaccurate test results. Our DUI lawyer has obtained countless dismissals
using this innovative strategy to defeat the state's case.

· Rising Blood Alcohol Defense.  This defense involves the requirement that
the BAC be "related back" in time from the test to the driving. A number of
complex physiological problems are involved here.  The basics of the defense are
that the law requires that the prosecutor prove the defendant's blood alcohol
exceeded the legal limit at the time of driving.  If it can be shown that the
person's blood alcohol level rose after the arrest, and was higher at the time the
test was given, the defense can be successful.  In one case we handled, the
Bakersfield DUI Lawyer brought in a forensic toxicologist and showed that the
client's actual BAC at the time of driving was .06, even though the breath test
said he was a .09, the DMV returned his license.

· Failure to follow State regulations. Just as there are laws which make
criminal certain conduct such as drunk driving, there are also laws which dictate
how an investigation and evidence collection must take place.  The District
Attorney must prove that the blood, breath or urine test complied with state
requirements as to calibration, maintenance, etc.  Blood collection and
preservation is also an area of attack.  For example, if the records show the
procedures of collection were not followed it may result in getting the blood
alcohol result thrown out. Recently, our office recently obtained a dismissal of a
case at the DMV involving a blood alcohol level that was three and a half times
the legal limit by showing the California regulations were not followed

· Driver License suspension hearings (APS).  A number of issues can be raised
in the context of an administrative hearing before the California Department of
Motor Vehicles in the Bakersfield DMV driver safety office. These issues involve
very technical legal rules and will require the help of an experienced DMV
Hearing Attorney in Bakersfield.

Call The Attorney Directly at 661-327-7833

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DUI Attorneys in Bakersfield and Kern County California
Bruce Blythe