MR. MYLES L. BERMAN® – asa* Myles Bermen: In the state of California, in defending a DUI case, it consists of two areas. The first is defending what the police officer is going to say that the person is under the influence of alcohol. That defense consists of vigorous cross-examination, as well as filing pretrial motions to try to eliminate much of the evidence or as much as possible that the prosecution wants to introduce. The other aspect of defending a DUI case is either the chemical test or whether or not the person refused a chemical test. As far as attacking the chemical test, that’s either a breath or a blood. Some of the defenses on a breath test include mouth alcohol, meaning that the samples were contaminated, and failure to observe the suspect or the person who was arrested for a sufficient period of time, failure to follow protocol by the law enforcement agencies when they administer a breath test. In addition, the science involved in breath testing is not exact. As far as defending a blood case, some of the defenses include whether or not there was sufficient chemical compounds in the vial before the blood was drawn, as well as whether or not the blood draw, itself, was taken according to proper protocol. As far as a refusal, the police must advise a person of their requirements and what will happen to them if they refuse a blood or a breath test. One of the attacks in this area is that the police officer did not properly admonish our clients as to whether or not he was offered and refused a blood or a breath test. In addition, the science as to whether or not a person was under the influence at the time of driving or what their BAC was at the time of driving, as compared to a blood or a breath test that was taken later in time is a fertile ground for us to attack a DUI case and defend our clients. *means “also spelled as”
Description: There are several effective DUI defenses that can be applied to each case, and our drunk driving defense lawyer will perform rigorous cross examination and file pre-trial motions as part of each defense.
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