DUI
Is
it against the law to drink and drive?
No.
In fact, in every jury trial we do, we ask the court to instruct the
jury that “it
is not against the law to drink and drive.” We have never had
a judge refuse to give that instruction to the jury.
The
mere fact that someone drank alcohol and drove a car is not sufficient
to convict anyone.
Just
because you had a six pack of beers and drove does not mean you are
DUI.
In
fact in one of our jury trials, the foreperson was a CHP dispatcher
and another juror was a victim of a DUI accident and another had a relative
who worked for the CHP. They came back with a not guilty verdict on
all counts on a case where the client testified he had six beers before
driving.
The
prosecution must prove that you were driving impaired to convict you
of vehicle code section 23152(a). The prosecution must prove you had
a .08% or greater to convict you of the vehicle code section 23152(b).
My blood alcohol level was .08% or greater, am I guilty?
Not
necessarily.
Just
because you have tested at the police station or hospital to have a
blood alcohol of .08% or greater does not necessarily mean that was
your alcohol level at the time of driving.
In
fact, we have obtained dismissals of cases where the blood alcohol was
more than two to three times the legal limit.
We
obtained one of the highest blood alcohol dismissals in the state of
California at jury trial with a .27 BAC second time DUI case dismissed
in Los Angeles County. Needless to say, the client avoided having to
go to jail, avoided an 18 month alcohol program, avoided any license
suspension, and avoided any fines.
The
blood alcohol at the time of testing can be flawed. Often times the
police officer is not adequately trained to administer the test. The
officer is required to continuously observe you for 15 minutes before
making you blow in the machine. On many occasions officers have testified
they counted the time they were driving or doing paperwork. The 15 minute
wait period serves a purpose. This is to make sure you do not burp,
regurgitate or ingest any other fluids that could affect the test results.
Furthermore,
the drinking pattern of the individual is also important. It is quite
possible that at the time you were driving your vehicle, your blood
alcohol was far less than the amount tested at the police station. This
is particularly true when a blood test is administered several hours
after the time of driving. Our Los Angeles DUI Attorney can help you today.
DUI
Testimonials - Partial list
Successful
1st time DUI
“Thank
you for saving my job and getting my .15 BAC case dismissed. You did
a great job cross examining the police officer.”
Don,
San Pedro, California
Successful
1st time DUI
“The
cop did an illegal search of my car. The public defender recommended
to me to take a standard DUI deal and prop 36. Thank you for taking
over my case and for getting all charges dismissed.
George
A,. Whittier, California
Successful
1st time DUI
“My
not guilty verdict shows that 6 beers does not necessarily mean you
are DUI.”
Joseph G. Lakewood, California
Successful
7th time DUI
“Thank
you for keeping me out of jail.”
Torrance,
California
Successful
2nd DUI
“Mr.
Kita was able to get my second time DUI resolved for a drunk in public.”
Daniel
A. Los Angeles, California
Successful
3rd time DUI
“Thank
you for getting my husbands third time DUI dismissed.”
Ms.
Wilson, Inglewood, California
Successful
4th time DUI
“My
husband was looking at more than 7 years in prison. Mr. Kita was able
to get my husbands Felony DUI reduced to a misdemeanor and have him
placed in a program.”
Zulieka
L., Norwalk, California
Successful
4th time DUI
“Thank
you for putting me in a program.”
Long
Beach, California
Blood
Tests
When a client
submits to a chemical test by way of blood testing, the Law Offices
of Kita & Iriarte immediately submits a court order to have the
blood retested. The blood vials used by the police department are supposed
to have an adequate preservative in each vial to prevent fermentation.
When fermentation occurs, one could get a higher blood alcohol level
that the true value. Therefore, someone with a .07 blood alcohol value
could actually show up perhaps with a .15 or greater if there is fermentation
on the blood testing. We use the best experts to retest your blood and
the samples are done at state of the art laboratories that comply with
title 17 regulations. Many of our blood alcohol consultants that we
use have worked at the Los Angeles County Sheriffs Crime Lab and the
Orange County Sheriffs Crime Lab. They are very credible with the jury.
Breath
Machine Tests
What most
people don’t realize is that the machines used by the police are
often not operated correctly and are not administered correctly. We
review the maintenance and accuracy logs of the machines. We check to
see if the officer is certified under title 17 of the code of regulations
to administer the tests. Our Pasadena DUI Attorney will check to see if the breathalizer machines were properly working at the time of your arrest.
Our
most recent victories include the following results:
.27 BAC
second time DUI Dismissed
.15 BAC
third time DUI Dismissed
.15, BAC
first time DUI Dismissed
.15 BAC
first time DUI Dismissed
.17 BAC
first time DUI Not guilty
.12 BAC
second time DUI Not guilty
.08 BAC
second time DUI Dismissed
.10 BAC
first time DUI Not guilty
.09 BAC
first time DUI Not guilty
.11 BAC
second time DUI Not guilty
.07 BAC
first time DUI Dismissed
.05 BAC
first time DUI Dismissed
.26 BAC
first time DUI, Dismissed
.08 BAC
7th time DUI felony—No Jail
.10 BAC
Felony DUI Dismissed
DUI refusal
Dismissed
DUI refusal
Dismissed
DUI refusal
Dismissed
DUI refusal
Dismissed
DUI refusal
Dismissed
DUI refusal
Dismissed
DUI refusal
Dismissed
DUI refusal
Hung Jury
DUI drugs
Dismissed
