Pasadena DUI Defense Lawyer
Insight into Complex California Law
Driving under the influence (or DUI) can be charged to any licensed driver DUI and older who is found to have a blood alcohol concentration of .08% or higher. These complex, detailed laws constantly change and there are tools that the prosecutors use to enhance the penalties against defendants charged with DUI, such as having a BAC over .15, driving recklessly, refusing to provide a blood or breath sample, causing injuries to multiple victims, having prior driving under the influence convictions, etc.
Whatever the case may be, your driver’s license can be restricted, suspended, or even revoked, notwithstanding the fact that you could be looking at jail or prison time as well as large fines. That is why, at The Law Offices of Paul S. Geller, we are fighting TWO cases—the Department of Motor Vehicles action against your license, and the criminal court charges. Mr. Geller is not only a former Los Angeles prosecutor—he has also received specialized training in this particularly challenging and science-dependent practice area.
Get an uncommonly qualified legal advocate in your corner at this critical time. Call our Pasadena DUI defense attorney at (626) 784-4143 today.
DUI Charges in California
DUI is a very highly legislated area of the law, meaning that the statutes in place dictate most of the penalties you could receive, with not much negotiating room. Very often, this includes some time in custody. This is why it is important to contact an attorney who knows this area of law and continues to stay educated about the changes in the law, in order to fight for you as aggressively as possible. Staying highly educated about this area of law is a must for attorneys who want to handle DUIs competently and aggressively.
Our Approach to DUI Cases
We have continuing knowledge and education regarding the science in this area of law that distinguishes us from other criminal defense firms. Mr. Geller has taken this particular area of criminal defense very seriously and continually seeks new training and education opportunities to provide his clients the most informed counsel possible.
Mr. Geller has received special training on:
- How breathalyzer machines work
- How the breathalyzer machines are supposed to be maintained
- How alcohol is absorbed into our blood
- What the physical effects of metabolizing alcohol are
- What can cause false positive breathalyzer tests (such as GERD)
- How blood samples should be taken to avoid sugar fermentation
We also have specialized training as to the proper administration of field sobriety tests, what tests have been determined to be “Standard” and therefore acceptable according to the National Highway Traffic Safety Administration (NHTSA – national standards) based on years of studies and testing of these procedures, tests which have been adopted by the California Highway Patrol and other local agencies.
Additionally, it is important to know what types of alternatives there are for court proceedings, such as negotiating for different charges, different types of custody options, alternatives to expensive fines, and different types of sentencing alternatives. We know how to handle these cases keeping in mind how best to meet your needs and interests.
BAC Tests & "Implied Consent"
If you are stopped by police and suspected of driving under the influence, you do not have to talk to police and answer questions. You do not have to perform field sobriety tests, such as “Walk and Turn”, “One Leg Stand” or any other physical test. The “Implied Consent Law” in California requires that adults 21 and over must give a blood or breath test, as is required by the vehicle code (Vehicle Code §23612) after the person has been lawfully arrested.
If the driver is under 21, the “Implied Consent” law under Vehicle Code §23136 requires the driver to provide a breath sample in the field (where arrested) or another chemical test as long as the person was lawfully detained. If you fail to give one of these tests, you could lose your driving privilege for at least one year, based on a suspension from the DMV. Keep in mind that the court will take your refusal into consideration and a jury could be instructed that your refusal could be viewed as evidence of your guilt to the charge. So call an attorney that knows this highly complex area immediately.
No matter what the circumstances of your DUI case are, our firm can help. Contact us today to request a free consultation.