What does it Really take to get you DUI Reduced or Dismissed in California?
If you have been arrested for DUI then I am quite certain your head is already spinning. You can search Google until your eyes bleed. You can talk to 18 different lawyers until you are ready to throw up. But at the end of the day, you still want to know two things:
- What’s the best way out of this thing? and,
- Can I keep my license? And maybe a third thing too,
- Will I have to blow into one of those things in order to start my car?
The answers are:
- The outcomes vary with each case. A skilled lawyer will do his best to get the case dismissed or reduced and to fashion the best outcome for his client.
- I encourage every client to let me set and conduct a DMV hearing and do everything possible to keep their license and try and put them in a better position for dealing with the court case.
- The best way to avoid the Ignition Interlock Device or (IID) is to win the DMV hearing and to get the court case reduced or dismissed.
The starting point is simply, close your computer browser and stop searching for answers on Google or ChatGPT. Throw out all the letters you get from vulture lawyers saying that they can help. Call a lawyer who has been handling DUI case in court and conducting DMV hearings for their clients for at least ten years. Any lawyer who has been doing for less time likely lacks the experience you need.
Where do you find the lawyer? Ask your friends and family if they know someone good. If you have a civil lawyer, the chances are that person knows a good criminal defense lawyer. Ask them for a referral.
Call the lawyer to whom you were referred. Speak only to that lawyer, not their assistant, paralegal, case manager, sales rep or any other thing. And don’t talk to just any lawyer, talk to the lawyer who will be working on your case.
If you feel comfortable with the lawyer, hire them. They will request your DMV hearing for you. They will interview you and ask you all about the facts of your case. Cooperate with them and answer all of their questions to the best of your ability. If the lawyer is asking you questions about what you drank and when you drank, something’s wrong.
The first step to fighting a DUI case is information. The more information I have about my client’s case, the better equipped I am to defend it. Be honest with your lawyer about what you ate and drank. Be cooperative with your lawyer when he asks you to recount what happened on the day of the arrest. If your lawyer asks you to view video or read a police report, do it. If you lawyer sends you an email with a question, answer it.
Once we request a DMV hearing, the DMV will send us certain documents. If you lawyer isn’t attempting to gather additional evidence, something may be wrong. We often have to subpoena documents from DMV in order to get them for the hearing. This takes some effort and money. If you lawyer isn’t doing it, he is a slug.
Do you need a consultation with an expert witness/blood alcohol specialist? Some cases could benefit from an expert witness, but not all. Your lawyer should tell you if he thinks it is necessary or at least beneficial. Experts are expensive but they are often worth the cost. If paying an expert $1,500 for a consult and a report gets your case reduced, it seems like a small price to pay.
Do you need lab analysis? I recently spent a half hour tying to talk a client out of doing a private blood re-analysis in a DUI drugs case. The client appeared to be positive for meth, benzos and Fentanyl. My client insisted. I suggested that he consult an expert to review the report and any findings from the lab. The expert was shocked at the high fentanyl levels and thought a re-test was a great idea. When I got the order for the testing signed, I found out there is not enough blood to test everything. Case resolved for lesser offense. Money well spent.
I’m not sure that I answered my own question yet. So, what does it actually take to get a DUI reduced or dismissed? The answer is it depends. Every case is different. But to put it in quasi-legal terms, it generally requires some “problem of proof” for the prosecution. What does this mean to you? A problem of proof is a fact, piece of evidence, troublesome matter or almost any other thing that casts doubt on the prosecution’s ability to prove a case beyond a reasonable doubt.
Prosecutors like to wine. Sorry, I meant win. They like to call their witnesses in an orderly manner, present their evidence and have the jury come back quickly and unanimously with a verdict of guilt. By contrast, I like to do anything that I can possibly do to make this more difficult for the prosecution. Any questions of fact that I can raise could help. Any questions about the credibility of a witness could help. If a witness is unavailable at trial, that could help. Normally we think that when the blood alcohol is very low, that is helpful. However, sometimes when the blood alcohol is extremely high, that can be helpful. I recently had a high blood alcohol second DUI for an LA City inspector. If he lost his license he was going to lose his job. My expert reviewed the report and suspected fermentation. He wrote an analysis and that was enough to get my prosecutor to reduce the offense.
Every case is different, and we often do not know which straw will break the camel’s back until we place the straw on the camel’s back and wait for the camel’s legs to buckle. My job as a defense lawyer is to do everything I can to try and get my client’s case dismissed, reduced or otherwise to minimize any potential sentence. I will do whatever ethics and professional conduct will allow, in order to get there.
If you or someone close to you has been arrested for DUI, call a lawyer who has spent over two decades getting good results for his clients. Call for consultation: Please don’t hire the first lawyer who returns your call after a Google search.
Attorney Jeffrey Vallens (818) 783-5700