How to Handle and Beat DUI Cases

To handle DUI cases well, attorneys should have fast interactions with the DMV to protect their clients’ rights protecting evidence and courtroom dynamics for strategic negotiation. A successful defense also includes the creation of records to reduce penalties, consistent communication with customers, and readiness for negotiation or proceeding to the trial while demonstrating sympathy and perseverance.

By Brad Nakase, Attorney

Email  |  Call (888) 600-8654

Have a quick question? I answered nearly 1500 FAQs.

Introduction to Managing DUI Cases

Private investigators and California personal injury attorneys face several challenges when dealing with DUI cases. These cases are complicated due to the fact that they involve DMV in addition to the criminal court. Further, DUI cases include scientific elements of testing chemical and blood samples. Use these steps to successfully deal with the above discussed complexities for the sake of advocating your client.

1. Acting Quick with the DMV in Order to Maintain the Client’s Driving Privileges

A. Notify the DMV within the 10-day window: When a client has a DUI charge, they are given an interim license from the DMV. This document includes relevant details, including the contact information for the DMV APS and what is required by the DMV to suspend a license. It also refers to an important 10-day deadline. In order to safeguard your client’s driver’s license and arrange a hearing on driving suspension, it is necessary to send the DMV a letter of representation within ten days after the incident.

B. Identify the correct DMV location: In places with more than one DMV APS office, you must confirm the accurate address to make sure your fax message is sent to the right place. Apply for a “stay” of the suspension of your client’s license and ask the DMV to submit all relevant evidence prior to hearing.

C. Deal with late discovery: If the discovery materials are received after the due date, then request a continuance to examine the evidence without imperiling your client’s ability to drive.

2. Review the evidence provided by DMV and seek more information.

A. Analyze initial DMV discovery: When you represent a DUI client, you will first receive the initial discovery materials from the DMV for APS’s hearing. In most cases, this bundle contains the officer’s sworn statement, a copy of the client’s driving record as well as test results. Other unsworn documents may also be attached. In order to comprehend the DMV case, carefully read these materials.

B. Request additional evidence: While analyzing the original discovery, outline any further subpoenas that can be obtained. It may include calibration and usage records for breathalyzers or the full blood card for cases involving blood tests. Other valuable sources can be audio or video clips, dashcam records as well as DUI officer training-related documents.

C. Subpoena the arresting officer: Subpoena the arresting officer for the DMV hearing in case of inconsistencies between report and secondary data. In certain instances, it may be useful to employ a forensic toxicologist as an expert witness. Reveal the testimony of all witnesses beforehand in order to allow the DMV to prepare for cross-examination.

3. Strategically Handle the DMV Hearing

A. Conduct the hearing: The DMV hearing is when you get to challenge the evidence against your client. The hearing will go ahead unless there is a legitimate cause for postponing it. Your client’s potential consequences from the hearing type will depend on it.

B. Address specific issues: During the hearing, a DMV officer will identify detailed points that must be proved for suspension. All these require to be addressed in your defense. If the DMV overturns your objections it will, however, be recorded for subsequent appeals.

C. Leverage the hearing for court preparation: A DMV hearing can offer insight into the prosecution strategy. This is an opportunity to question the arresting officer and get information that will be used in court. Transcribe the entire recording from hearing for use in court.

4. Arraignment and Case Status Follow-up in Diligence

A. Manage arraignment dates: The arraignment date marked on the citation is tentative. Verify with the prosecution agencies and court whether or not the case has been filed.

B. Address unfiled cases: While remaining unfiled, attend court for proof of appearance. However, filing problems can arise; hence, access to proof of attendance is crucial. In case of an unfiled motion, consider a motion to dismiss.

C. Regularly monitor the case: It is advisable to periodically monitor the court and prosecuting agencies so as not to miss any updates. Not attending an arraignment may result in a warrant for arrest issued.

5. Construct a Strong Mitigation Packet

A. Assess client background: Get to know the unique situation of your client: citizenship, license and others factors likely affecting a DUI conviction. Provide this information in a mitigation packet for the prosecutor to consider.

B. Include additional elements: For clients with negative aspects, suggest reactive measures such as participation in Alcoholics Anonymous. It is also possible to include community letters, volunteer records, academic transcripts and professional awards in the mitigation packet. Form a logical package with the stated counteroffer demand.

6. Navigate Courthouse Dynamics

A. Understand local standards: Each courthouse manages its own standards and the common tendencies for DUI cases. It would be easier to determine the reasonableness of an offer by your client if he knew what is a standard one.

B. Learn judge and prosecutor tendencies: Discover patterns in judge behavior and monitor prosecutor turnover. This knowledge is helpful for strategic bargaining.

7. Effective Negotiation for Fair Offers

A. Present the mitigation packet: State the offer and present it to the prosecutor or judge, in a mitigation packet.

B. Pursue further negotiations: In the case of failure in initial discussions, try to consult higher-level supervisors. Frequency of negotiations is a crucial factor in obtaining suitable outcomes.

8. Finalize the Client’s Case: Plea or Trial

A. Assess negotiated outcomes: Evaluate the negotiated offer in detail with your client, addressing the positives and negatives of their case. Ensure they understand the implications.

B. Prepare for trial: If the result is unsatisfactory and the client refuses an offer, prepare for a trial. Use DMV hearing statements and thoroughly prepare for prosecution strategies.

Conclusion: Emphasizing on empathy and persistence in DUI defense

DUI cases can only be dealt with successfully if passion, empathy, and persistence are embraced. The ability to navigate the legal complexities and evidence-based court relationships is an integral part of effective representation. Start with understanding the client’s circumstances and intent to ambush on their behalf. By implementing these procedures and pursuing a dedication towards your clients, you can overcome the challenges of DUI cases and strive for the most favorable ending.

Have a quick question? We answered nearly 2000 FAQs.

See all blogs: Business | Corporate | Employment Law

Most recent blogs:

What Does Larceny Mean?

Larceny is a legal term for theft, referring to the act of unlawfully taking property from someone without their consent. It's classified based on the property's value, with distinctions like petty or grand larceny. This crime carries varying penalties, including fines and possible jail time, depending on the severity of the theft.

How to Handle and Beat DUI Cases

To handle DUI cases well, attorneys should have fast interactions with the DMV to protect their clients’ rights protecting evidence and courtroom dynamics for strategic negotiation. A successful defense also includes the creation of records to reduce penalties, consistent communication with customers, and readiness for negotiation or proceeding to the trial while demonstrating sympathy and perseverance.

How Drug Charges and Criminal Sentencing Operate

This article explores the legal intricacies of drug offenses in the United States, focusing on both federal and California state laws. It highlights the differences in charges and penalties for various drug-related crimes, including trafficking and possession, and discusses legal strategies for reducing or dismissing these charges.

List of Drug Charges and Sentences For Federal Offense

This article provides a comprehensive guide to drug charges and penalties in the U.S., emphasizing the severe consequences for first-time offenders in drug trafficking. It highlights the importance of understanding federal laws and the role of specialized attorneys in navigating drug-related legal complexities.

San Diego White Collar Crime Lawyer

Former prosecutor San Diego White Collar Crime Lawyer Tom Rist handles complex fraud and financial crime charges in federal and state court.

What Amount of Drugs Is Considered Trafficking?

A person will face drug trafficking charges if arrested with 100 or more grams of heroin, 500 or more grams of powdered cocaine, 5 or more grams of crack cocaine, or 1 or more grams of LSD.

How To Get Drug Possession Charges Dropped in California

You can get your drug possession charge dropped in California. A valid defense to have drug charges dismissed includes proof of legal possession or entering a drug diversion program, which is commonly used for simple possession charges.

How To Get a Drug Trafficking Charge Dismissed

To begin the process of dismissing a drug trafficking charge, it's crucial to consult with a seasoned drug crime attorney. Your lawyer can explore various defense strategies based on your case's specific details, including entrapment, lack of sufficient evidence, or violations of constitutional rights.

How serious is drug trafficking?

Drug trafficking is considered a very serious offense and incurs stricter penalties compared to drug possession. This crime is illegal under both federal and state legislation, and typically, it is prosecuted at the federal level when the accused is involved in transporting drugs across state boundaries.

What is the minimum sentence for drug trafficking in the US?

For the first offense, the sentence ranges from a minimum of 5 years to a maximum of 40 years; however, if there is death or serious injury involved, the sentence increases to a minimum of 20 years, potentially extending to life imprisonment. The fine imposed can be up to $5 million for individuals or up to $25 million for entities other than individuals. For a second offense, the imprisonment term is at least 10 years and can extend to a life sentence.

Federal vs. State Drug Crimes

People in California charged with possession of a controlled substance, carrying less severe penalties, while federal drug crimes typically involve more serious offenses like trafficking, which have significantly harsher jail or prison time.

What is reckless driving?

Reckless driving is intentional disregard for traffic laws and intentional disregard for the safety of others.

What is a 11352 HS charge?

Under Health & Safety Code 11352 HS, transporting or selling of controlled substances is a felony in California law.

Drug Defense Attorney in San Diego

Former prosecutor, Tom Rist, is San Diego drug crimes lawyer, has a track record of getting cases dismissed or reduced to a lower offense. Tom Rist is an experienced drug defense attorney can help you fight to protect your future. 

Drug Possession Lawyer in San Diego

If you or a family member is facing drug crime or drug possession charges in San Diego County, contact Nakase Law Office for a free consultation and legal options.

Drug Trafficking Attorney

An experienced and skilled criminal defense team can help your charges to be dismissed or lowered significantly. Former prosecutor, Tom Rist, has 17 years experience as a drug trafficking defense attorney.

Federal Criminal Defense Lawyer in San Diego

San Diego criminal defense lawyer near you, handling all crimes, including drug trafficking, drug possession, drug crimes, and more. Thomas Rist was a prosecutor with 17 years of experience as a drug crime lawyer. Call our criminal law firm for a free consultation at (888) 600-8654.

What is 21 USC 952? Drug Smuggling

A person charged with 21 USC 952 for smuggling meth, cocaine, heroin, or marijuana may have have no prison time or up to life in prison, depending on the quantity of the illegal drug.

Contact our attorney.

Please tell us your story:

5 + 2 = ?

20240114