Bakersfield DUI Lawyer
When a person is arrested for a DUI in Bakersfield, there are 2 things that happen.
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. 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
Call Bruce Blythe Directly at 661-327-7833
The Court date is usually 2 to 3 weeks away, however the DMV order of suspension
must be immediately handled in order to avoid a suspension of the driving Privilege.
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 documents include the arrest report and the results of the chemical test taken by
the client. If blood was given, we get those results from the lab that tested the sample.
Often, we Subpoena additional records such as the calibration logs, communication
records and testing history of the machine used.
Our office 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
Remember, A DUI CONVICTION WILL STAY ON YOUR RECORD FOR 10 YEARS,
pleading guilty or no contest to a DUI without first consulting with an plea in Court could
also result in a two or three year revocation of your license, without the ability to get a
Hire a Lawyer with a proven track record of winning results.
Examples of Actual Recent Case Results:
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
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
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. Evidence will be suppressed (made
inadmissible in Court) if the police did not have legal cause to (a) stop, (b) detain, and
(c) arrest. Sobriety roadblocks, stops due to "made up" reasons, inexperienced
officers, officers following clients from bars, etc., present good issues for the DUI
attorney to use to potentially get your case thrown out. This area of defense creates
significant advantages in that should the stop, for example, be shown to be unlawful all
the evidence acquired after the stop, (the field sobriety tests, observations of
intoxication, the breath or blood test, etc.) would be inadmissible in Court. In many
cases our lawyer has been successful in getting cases dismissed completely by
showing the Bakersfield Police officer did not have probable cause to stop our client's
vehicle in the first place.
· Insufficient Evidence of Driving. Proof of Intoxication is not enough, the
prosecution must also prove that the defendant was driving at the time he was
impaired or when his/her blood alcohol level was above the legal limit (which in
California is .08%). This may be difficult if, as in the case of some accidents or where
the individual is arrested while the car was legally parked or where there are no
witnesses to him/her being the driver of the vehicle. In addition, even if driving can be
shown, a variety of legal defenses relating to the time of drinking can come in to play
to defeat the prosecution's case.
· Miranda Violations. Incriminating statements may be suppressed if required
warnings were not given at the appropriate time after a DUI stop or arrest. A DUI
lawyer can present this argument to the Court on your behalf.
· Implied consent warning violations. If the officer did not advise you of the
consequences of refusing to take a chemical test, or gave it incorrectly, in some states
(including California) this may invalidate a DMV license suspension based upon a
refusal to provide a breath/blood sample. This area of defense has been used by our
lawyers many times to "throw out" the refusal charge and get reinstatement of our
client's driver license in Bakersfield and other Kern County DWI cases. The
suspension for a refusal can be 1 to 2 years.
· Insufficient Evidence of being "Under the influence". The term under the
influence is a legal one which has specific requirements of proof. The officer's
observations and opinions as to intoxication can be questioned -- the circumstances
under which the field sobriety tests were given, for example, or the subjective (and
predisposed) nature of what the officer considers as "failing". Our lawyer has been
successful in many cases by showing our clients do not meet the legal definition of
being "under the influence".
Blood-alcohol concentration (BAC). There exists a wide range of potential
problems with blood, breath or urine testing. "Non-specific" analysis, for example:
most breath machines will register many chemical compounds found on the human
breath as alcohol. And breath machines assume a 2100-to-1 ratio in converting
alcohol in the breath into alcohol in the blood; in fact, this ratio varies widely from
person to person (and within a person from one moment to another). Radio frequency
interference can result in inaccurate readings. These and other defects in analysis can
be brought out in cross-examination of the state's expert witness, and/or the defense
can hire its own forensic chemist.
· Testing 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 regulations of blood-alcohol testing. 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
· 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
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