Palm Springs DUI Defense Attorney
It may surprise you to know that it is not illegal to drink and drive. It is illegal only to drive while impaired by drugs or alcohol, or to drive with blood alcohol content (BAC) that is over the legal limit. If you have been charged with drunk driving or other moving violation related to DUI, your attorney will need to know the difference and how to fight to get the best possible outcome for your charges. A conviction for DUI can have a lasting impact on your record. The Dolan Law Offices offers the experience you need. We guarantee our efforts to fight for the best possible outcome for your DUI charges.
Contact us for a free consultation about starting an aggressive, effective defense right away. We provide legal advice and representation for residents of the Palm Springs region and surrounding communities.
A conviction for DUI has serious consequences!
DUI is a common, but serious, offense with increasingly severe consequences. Under the California Vehicle Code, you may be charged with DUI if the amount of alcohol or narcotics in your blood prevents you from operating a motor vehicle with the caution of an ordinary sober person. In California, the legal amount is typically .08 percent for adults, and .01 percent for minors. If you are an adult with a commercial driver’s license, the legal limit is reduced to .04 percent, whether you are driving on the job or in your own car. Poor driving, physical symptoms, and performance on a field sobriety test performed at the scene of the traffic stop are all factors used to determine whether a person was “impaired” and under the influence. A breath or blood test at the police station is used to show .08% or greater blood alcohol content.
We can help with Coachella Fest and Stagecoach Fest DUI charges
If you are from out of state and have been charged with DUI while attending an event such as the Coachella Fest or Stagecoach Fest in the Palm Springs area, you may not know what to do next. We can handle everything relating to your DUI defense.
California law imposes strict punishment for DUI convictions, including stiff fines, jail time, and suspension of your driving privilege, as well as probation, DUI education courses, and installation of an ignition interlock device on your vehicle. Refusal to take a breath or blood test may result in suspension of your driver’s license for one year for a first offense. If this is not your first DUI arrest, you should know that consequences become increasingly severe for each subsequent conviction. A fourth offense for DUI, or DUI resulting in an injury, may be filed as a felony with state prison. As of 2005, Riverside County Plea Forms include an advisement that driving under the influence is “extremely dangerous to human life,” and even a first-offender subsequently arrested where someone is killed as a result of driving under the influence “can be charged with murder.”
We examine everything about your arrest and DUI charge
When you are first charged with DUI, your first reaction may be that you are guilty and should just take the punishment. The truth is that you may have many defenses of which you are unaware. DUI defense is a specialized area of law because of the scientific principles affecting the accuracy of the field sobriety test, the blood test, and the breath test machine. Even the police officer’s “reasonable suspicion” for stopping you may be called into question. Police sloppiness in giving and interpreting field sobriety tests (FST’s) may raise a doubt as to impairment. Likewise, although breath, blood, and urine testing are scientifically based, they are all prone to human error and require strict procedures to be followed. Police and technicians routinely fail to follow the required procedures, making test results unreliable.
Imprecision of the breath-testing machine itself may raise a doubt. Breath machines do not test specifically for ethyl alcohol found in alcoholic beverages, but rather test for a “family” of alcohol, of which ethyl alcohol is only one type. As a result, breath machines may erroneously indicate as alcohol many common chemical compounds absorbed into our system from our every-day environment.
Radio frequency interference can also result in inaccurate readings. The alcohol may have come from a source other than deep lung air. Acid Reflux Disorder (heartburn) allows gasses carrying stomach acids and alcohol back into the esophagus and the mouth by way of a burp, which may then be blown into the breath machine and falsely registered as breath-alcohol. Another common source of false breath-alcohol readings is food particles trapped in dental work or spaces between the teeth.
These and other defects allow an aggressive defense for even the most seemingly slam-dunk DUI case. With such serious consequences riding on the outcome, do not assume that you are guilty of DUI without having a competent DUI Attorney evaluate the particular facts of your case.
As part of your defense, we also explore alternatives to county jail, such as:
- Electronic monitoring
- Work release or work furlough
- Paid jail
- Alcohol or drug rehabilitation
- Counseling for sober living
- Protect Your License at DMV Suspension Hearings
Aside from criminal court proceedings, you will have only ten calendar days to schedule a DMV hearing to fight to prevent your drivers license suspension while your criminal case progresses. Contact us to schedule a free consultation as soon as possible if you have been charged with DUI, or think you may be charged.
If you are facing multiple DUI charges click here for information on what you may be facing.