|
Have you been arrested for driving under the influence (DUI)? In this video, our Founder & CEO, David P. Shapiro, discusses a number of ways which you can beat a DUI case in California.
The first thing to understand, David points out, is that being arrested for suspicion of DUI does not mean that you have been (or necessarily will be) charged with a DUI. That decision as to whether to formally charge you will be made by the prosecutor in the case.
While we encourage you to watch the entire video to learn all the ways someone can beat a DUI case, a few potential pathways to a dismissal are noted below:
-
Pretrial Motions via Diversion, Deferred Entry of Judgment, Motions to Suppress Evidence per Penal Code sections 1538.5, and/or to Dismiss per Penal Code sections 995, 1385, et al.
-
Trial. Some of the most successful defenses at trial include a “driving defense,” that your level of impairment was not at or above the legal limit at all (let alone at the time driving), and/or that driving (under the influence) was a legal “necessity” to prevent against a greater harm. Don’t laugh at that last one; we obtained outright acquittals for a client charged with DUI with a blood alcohol content over 2 times the legal limit on a “necessity” defense in El Cajon a few years ago.
Think even a first-time DUI isn’t a big deal? Think again. It’s “just” a criminal conviction. It’s “just” your ability to drive lawfully. And it’s “just” something that will get you charged with Second Degree Murder if you do it again and someone gets killed.
Protect Your Freedom. Protect Your Future. Know Your Rights.
| 
