Bakersfield DUI Lawyer, Bruce Blythe
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. 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:
On November 5, 2013 our Law Firm 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. 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
· 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 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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