Call for a free consultation, (619) 512-3384. You’ll speak with San Diego DUI attorney and partner of the firm Eric Ganci directly, not an assistant or a sales manager.
Just because police arrested for you a DUI does not mean you are guilty. DUIs are won on science and procedure, and there may be a chemical or logical defense for you arrest. Just because the police or breath/blood machine say you are a certain number do not mean that your BAC was actually that number. Just because the machine cranks out an estimated number, does not mean that was your true BAC at the time of driving for many reasons.
Our interest is to give you honest thoughts so you can make an full, informed decision on which attorney to hire. We list the true, unadulterated answers for field sobriety testing, breath testing, blood testing, defenses, and standard punishments for a DUI or drunk driving arrest in San Diego. The typical first questions are 1) how do I choose an attorney, 2) what questions do I ask an attorney for my DUI, and 3) what are the first steps to this DUI process.
How do I choose an attorney:
DUI defense is a particular area of law, very complicated with science, police and DMV procedures, Constitutional rights, and rules of criminal procedure. Very few attorneys have invested the time and money to understand this area of law, how to approach the DMV hearings, and how to prepare a solid DUI defense.
We are the only firm in San Diego trained on DUI blood testing (called gas chromatography) per the American Chemical Society and through the foremost experts in this science, Drs. Harold McNair and Lee Polite. In fact, there are only about 132 attorneys nationwide, as of 9/9/12, to have completed this intense hands-on training. We are also trained on breath machines, including the Intoxilyzer 8000, used by San Diego police. We are trained to train police in DUI Field Sobriety Tests and the science and origin of these tests. We have attended countless DUI science trainings, more than any other firm in San Diego.
We are very, very proud to say we are DUI Trial Lawyers, and focused on DUI science. DUI Defense is the only area of law our DUI Team practices. We do DUI law and science all day, every day. We are not arrogant by any means, but proudly say we are very good at what we do. We have earned a strong reputation in San Diego as DUI Trial Lawyers, and win cases on DUI science.
This is just a brief description of our DUI Team, and you can read more in-depth about our Team here, including our recent DUI victories and awards.
Call us at (619) 512-3384 for a free consultation. You will be speaking to a live attorney from our DUI Trial Team, and not an assistant or paralegal, or attorney from a different firm.
Questions to ask an attorney:
Attorneys should give straight answers to your straight questions. Here are some sample questions below, and if you don’t get straight answers…run.
- What percentage of your practice is committed to DUI defense?
- How many DUI trials have you tried in the last 6 months? Why is that important? When is your next DUI trial?
- How are you going to approach my BAC number?
- Do you understand the chemistry with how alcohol absorbs into my body? What variables or factors are there?
- Does it matter if the chemical test was taken during the absorptive phase?
- Does breath testing have any variables? What are they?
- Can you explain DUI blood testing? Is a blood estimate more accurate than a breath estimate?
- Are you trained in Standardized Field Sobriety Testing procedures? Are you qualified to train officers on DUI arrests?
- Are you a member of the California DUI Lawyers Association and the National College for DUI Defense?
- What does the Prosecutor need to show to prove my DUI beyond a reasonable doubt?
- What San Diego legal organizations are you involved in?
The process, in very general terms:
We detail this throughout our website, but the first thing to know is you must arrange a DMV hearing within 10 days of your DUI arrest (with the date of arrest counting as day one), per California Vehicle Code 13558. Note, this is just to set up the hearing, not to do the actual hearing. DMV usually sets the hearing about a month from the request.
It may be easier for an attorney to set this hearing for you to ensure the proper procedures and record/paper trails were made; however, you are able to do it yourself too. If you wish to set the hearing yourself, call the DMV Driver Safety Office at (858) 627-3901 and request “an APS hearing, stay, and discovery.” What does that mean? ”APS” stands for Administrative (the type of law) Per Se (the .08 per se legal limit), “stay” means you can still drive pending the outcome of the hearing, and “discovery” is the arrest reports and supporting breath/blood documentations. If you call without an attorney and do not request all these items, DMV may not give them to you. You have the choice of having the hearing in-person, or telephonically.