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Bakersfield DUI Lawyer
When a person is arrested for driving under the influence or DUI two
things are set in motion. First the driver 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 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 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. 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. Click Here to 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.
Call us local at 661-327-7833 or toll free at 1-877-213-4453 to discuss your
case with the Attorney ( you will not be "passed off" to a "paralegal")
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 experienced Attorney could be the biggest mistake you could
ever make. The plea in Court could also result in a two or three year
revocation of your license, without the ability to get a work restriction.
Hire a Lawyer with a proven track record of winning results.
things are set in motion. First the driver 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 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 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. 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. Click Here to 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.
Call us local at 661-327-7833 or toll free at 1-877-213-4453 to discuss your
case with the Attorney ( you will not be "passed off" to a "paralegal")
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 experienced Attorney could be the biggest mistake you could
ever make. The plea in Court could also result in a two or three year
revocation of your license, without the ability to get a work restriction.
Hire a Lawyer with a proven track record of winning results.
How can a Lawyer help me if I have been arrested for a DUI in Bakersfield CA?
Potential defenses in any given DUI, DWI or Drunk Driving case are abundant when represented by a lawyer
experienced in driving under the influence defense. 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". This is often done
through the use of experts, the cop's own training manual, witnesses to testify that you appeared to be sober,
etc....
· 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 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.
· Failure to follow regulations of blood-alcohol testing. The prosecution 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 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 Attorney.
Potential defenses in any given DUI, DWI or Drunk Driving case are abundant when represented by a lawyer
experienced in driving under the influence defense. 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". This is often done
through the use of experts, the cop's own training manual, witnesses to testify that you appeared to be sober,
etc....
· 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 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.
· Failure to follow regulations of blood-alcohol testing. The prosecution 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 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 Attorney.
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priors intoxicated offense after being stopped at a checkpoint and not being told of miranda rights upon arrest for intoxication of alcohol.
Kern County OWI OUI DMV Lawyer in Bakersfield, Driving Under the Influence Lawyer, Drunk driving Policy, DUI Law, Kern DUI Attorney,
DWI Court, DUI Punishment, Lawyers for Drunk driving, APS License suspension, driving while intoxicated, restricted drivers license for
work, school and employment, Bakersfield Police Department DUI Task Force Defense, DMV Law in Bakersfield CA, Lamont, Taft,
Ridgecrest, Shafter DUI Lawyer , Delano, Tehachapi, Mojave Calif. drunk driving punishment consequence for driving under the influence
dui in Bakersfield impound of car sobriety checkpoint dmv license suspension commercial driver open container under 21 DUI school
fine probation kern county court citation ticket restricted license for work job consequences APS hearing Lawyer bail on a DUI jail time with
priors intoxicated offense after being stopped at a checkpoint and not being told of miranda rights upon arrest for intoxication of alcohol.
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