Time is of the Essence
California DUI Law
In California there are two common types of driving under the influence (“DUI”) offenses: driving under the influence of alcohol or drugs, or driving with a .08% or greater blood alcohol level. Most individuals mistakenly assume that if they have less than .08% alcohol in their blood stream, they are not guilty; that their will case will not be filed, or if filed, dismissed at a later date. They could not be more wrong. A Los Angeles City or District attorney’s Office may keep a case alive for any number of factors.
Both offenses are misdemeanors and can carry jail time, or they can be felonies depending on injuries or number of DUI’s accrued, and the exposure may be a state prison commitment. Further, convictions for either offense directly impact whether your license will be restricted, suspended or revoked, and add points – for your insurance company to see – to your driving record.
Needless to say, Southern California lacks an adequate public transportation system, and few matters here are as important as your ability to drive to your employer, and earn a living – especially in this economy.
I have represented numerous clients charged with DUI in Los Angeles and San Bernardino County. I have sat next to them through an untold number of DUI hearings, and I have stood with them before DUI juries. With the same zealousness I have shown in the past, it is my turn and privilege to represent you.
Jury Trial Makes Its Way to the California Supreme Court.
My second career jury trial at a San Bernardino courtroom went all the way up to the California Supreme Court. In that case, People v. Timmie Lance McNeal (2009), 46 Cal. 4th 1183, the lower court prevented my client from raising partition evidence at trial. Fortunately, the California Supreme Court took the case and ruled to allow evidence of personal partition ratios at jury trials to combat breath testing machine instrument results showing that a person is under the influence of alcohol.
As it stands, current breath testing instruments use the same (partition) ratio/multiple – on every person no matter the body chemistry – to determine the level of alcohol in a person’s blood stream by multiplying units of alcohol in a person’s breath. This ratio is as follows: 2100ml breath contains an equal amount of alcohol as 1ml of blood. Regrettably, not everyone is 2100/1, and this is therefore an unfair “scientific” test, as it lumps everyone into an average, when not all individuals are average, and may show false positives for being under the influence of alcohol as a result. Fortunately, we can now challenge these results.
Call Us For Help
If you have any questions or concerns regarding a recent DUI arrest or subsequent charges, please do not hesitate to contact Sostrin Law Offices. I am a Los Angeles based criminal defense attorney with significant experience handling DUI matters.
That said, TIME IS OF THE ESSENCE. You only have 10 days after your arrest to request a DMV Administrative Hearing to determine whether your privilege to drive will be suspended at the expiration of your 30 day provisional license. No matter which attorney you choose to represent you, please schedule a hearing as soon as possible.
Sostrin Law Offices will provide representation for drug crimes, alcohol related matters including DUI, all other misdemeanor charges, and most felonies. Contact us today.
