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Santa Barbara DUI Lawyers

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Attorney Offices for Santa Barbara

• Renee Nordstrand: A proper defense in a DUI case includes an analysis of the law, the evidence (blood alcohol test, breath test and field sobriety tests) and the facts to determine whether the defendant's constitutional rights were respected. An officer can arrest a driver for simply being under the influence of alcohol without any reference to the blood alcohol level at all. The consequences of a DUI conviction are severe. The conviction is on your record for seven years, and a conviction is "priorable" which means an additional offense within seven years has increased penalties (jail, lengthy alcohol programs, loss of license, large fines, etc.) There is a considerable amount of research that an attorney needs to do to defend against a DUI case and an administrative hearing. For instance, if someone takes a breath, counsel should check the machine maintenance and calibration records. The officers radio logs should be requested to see if the machine was working properly and whether the officer spent the required 15 minutes of observation time prior to taking the breath sample (required by Title 17 of the California Code of Regulations). If someone took a blood test, her attorney should request a "blood split", have the sample sent to an independent lab for testing for preservative, and confirm the blood alcohol level. Also, if it was only a short time since the last drink was consumed (usually within 30 minutes of the traffic stop or accident), then some of the recently consumed alcohol may still have been in the stomach and not yet digested, which means the blood alcohol sample obtained by law enforcement may actually be higher than it was at the time of driving. This is called a "Rising Blood Alcohol Defense" and is very persuasive in a low blood alcohol level cases. There are many more defenses that may apply to your case.
• William C. Makler: The California State Legislature has made it unlawful to drive a motor vehicle within the State of California while Under the Influence of Alcohol and/or Drugs. The two most typical ways that this law violation can be proven are as follows: (1) Under California Vehicle Code section 23152(a), it must be proven beyond a reasonable doubt that you were the driver of a vehicle within the State's boundaries while so intoxicated with either alcohol and/or drug(s), that you were unable to operate the vehicle as safely as an ordinarily prudent person would under like circumstances. (2) Under California Vehicle Code section 23152(b), it must be proven beyond a reasonable doubt that you were driving a motor vehicle within the State's boundaries with a Blood Alcohol content of greater than .08% by weight. [The Intoxylizer 5000 machine is the most common, and legally acceptable (although not entirely accurate), means of determining this percentage.
• Golkin & Michelon: The criminal process is very frightening. Even though the criminal process was established long ago, it remains a mystery to most. The criminal court is an enormously intimidating and coercive environment where defendants without the aid of competent and experienced counsel will often be convinced of the "wisdom" of pleading guilty right away. The court, the system, the judge, and the prosecutor benefit greatly from a guilty plea. The court clears its crowded calendar, and the prosecutor gets rid of a case.
• Renée Nordstrand: A proper defense in a DUI case includes an analysis of the law, the evidence (blood alcohol test and field sobriety tests) and the facts to determine whether the defendant's constitutional rights were respected.
• Roger Lytle: Just Because You Were Arrested Does Not Mean You Are Guilty! A high Blood Alcohol Content (BAC) can be challenged in court. Even if your BAC was greater than the legal limit at the time of the chemical test Roger Lytel can consult with forensic alcohol experts to determine if it actually was over 0.08 (the legal limit) at the time you were driving a car. He can determine if the police lawfully detained and arrested you, if the field sobriety tests were administered correctly, if the officer administered the blood, breath or urine test in accordance with Title 17 of the California Code of Regulations, and if the law enforcement agency can prove that their testing device was functioning properly during your test.
• Lee McCoy: A new era has begun in the defense of DUI cases. Gone are the days when a lawyer could call up a friendly prosecutor and strike a backroom deal to dismiss a DUI. Societal pressures have led to county-wide policies on the plea bargaining of DUI cases, and the prosecutors risk their jobs if they are caught pleading a DUI without a very good reason.