Pasadena DUI 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 world-class legal advocate in your corner today. Call our Pasadena DUI lawyer 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.
Avoid Needing a Pasadena DUI Lawyer By Avoiding These 4 signs of drunk driving
1. Lane-straddling - One of the most common signs of a drunk driver is when a driver straddles one set of lane markers instead of keeping between both lane markers. While the driver might think this is the safest way of getting home, it actually endangers drivers on both sides of the road.
2. Bloodshot eyes and slurred speech - Once a cop has pulled someone over that they suspect has been drinking, they'll shine the flashlight into the driver's eyes and ask some questions. What the cop is looking for is if the driver has any signs of slurred speech or bloodshot eyes, either of which could lead to you needing a Pasadena DUI lawyer.
3. Jerking eyes - One field sobriety test is when a cop asks the driver to watch and follow his hand. What the cop is looking for is a jerking eye when the eyeball is at one extreme or another. This jerking movement is inevitable, but when someone is intoxicated the threshold for eyeball jerking becomes much less.
4. Not being able to walk in a straight line - The fabled field sobriety test when an officer asks a driver to walk heel-to-toe in a straight line has caught many drunk drivers. The cops look for a driver's failure to follow directions, walk heel-to-toe, or maintain balance.
No matter what the circumstances of your DUI case are, our firm can help. Contact us today to request a free consultation.