THE TRUTH ABOUT A DUI/DWI PROSECUTION:
This section is short, but honest. Please read:
DUI LAWYERS ASSOCIATION
We begin with a simple fact, it is impossible for anyone to detect a person's alcohol level at any given moment. It simply cannot be done - not with the current technology. It is however being done in every state of the union, it is being done by codifying (turning into law) presumptions. Yes you heard it right, and yes it is the truth! Our local governments have, for the sake of saving lives (based on studies that are sometimes questionable), codified presumptions in DUI cases that simply do not apply to you. Why you ask? Well it is the only way that they can stop and convict people who are truly guilty of drunk driving. However in order to do so, many innocent people have and will continue to be convicted. It is one of the only areas of criminal law where the system strays from a well rooted legal jurisprudence principal: We protect and provide rights to the accused, including the guilty, in order to protect an innocent man, or woman, from being wrongly convicted.
So what are these presumptions that exist in California DUI cases? Let's start with the most basic one: Allowing the presumption that if you are tested within three hours of driving, such test result will be considered your alcohol level at the time of driving! What they are saying is that we will use the result of your test, even if it's obtained later (up to three hours later) and claim that this was your alcohol level at the time of driving! But this can't be true, how can our legal system allow such a fallacy? Better yet how can our system allow someone to be convicted on such premise.... As they say, this is just the tip of the iceberg!
It takes a skilled and knowledgeable attorney to be able to successfully maneuver any CRIMINAL case through the court system. However, It takes an even more skilled and talented DUI Attorney to maneuver a DUI case through the system. It is truly an art form! Many will claim to be masters, but only a handful have a complete understanding of the complexities found in a DUI case, and the science behind it. We have been handling DUI cases in San Francisco, Oakland, Marin and all other Bay Area Cities, Call us today for a free consultation with a San Francisco DUI Attorney. We can help!