DUI
Defense
The prosecution must prove that you were driving under the influence. They must prove beyond a reasonable doubt that the alcohol in your system influenced your judgment, reflexes and your ability to drive safely. Drinking alcohol and driving is not a crime.
As a criminal attorney in Modesto, Mark will develop a strategy to overcome the prosecutor’s theory. The prosecutor will use multiple factors and facts that are subject to interpretation. All of their theories such as bad driving, signs of intoxication or tests to determine level of intoxication are either open to interpretation, unreliable or based on faulty assumptions.
Having served as a successful DUI prosecutor in Stanislaus County, Scott Mitchell can spot the weaknesses in the prosecutor’s case. There are limitless possibilities that can give us the upper hand, including: |
1. A failure by the officer to give you the Miranda Warning
2. A failure by the officer or a witness to actually view you driving under the influence
3. A lack of probable cause for stopping your vehicle
4. A failure of the officer to advise you of the consequences if you refused to take a chemical test
5. A failure of the officer to comply with Title 17 Regulations
6. A lack of accuracy in the instrument used to test your blood alcohol level
7. A margin of error in the testing equipment used to test your blood alcohol levels
8. Faulty results of the machine used to test your blood alcohol level
9. A failure of the officer to wait 15 minutes before administering the breath test |
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10. An improper administering of the field sobriety test by the officer
11. Use of a non-standardized field sobriety test by the officer
12. A field sobriety test’s lack of accuracy in determining if you are under the influence
13. Differences in individual performance of field sobriety tests
14. The performance of field sobriety tests under inappropriate conditions
15. A rising blood alcohol level
16. Officer observation of bad driving as a result of fatigue
17. Objective signs of intoxication
18 .Alcohol intake following a car crash
19.A presentation of issues during your DMV hearing |
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Up to 6 months in jail
Possible
4‐9 months
$390.00 to $1521.00
1‐5 years
Cost increase
Installed
2nd DUI Offense
10 days ‐ 1 year in jail
2 years
18 ‐ 30 months
$390.00 to $1521.00
1‐5 years
Substantial increase or policy termination
Installed |
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3rd DUI Offense
120 days ‐ 1 year in jail
3 years
18 ‐ 30 months
$390.00 to $1521.00
1‐5 years
Substantial increase or policy termination
Installed
4th DUI Offense
(Within 10 Years is a Felony)
180 days ‐ 1 year in jail or up to 3 years in prison
up to 4 years
18 ‐ 30 months
$390.00 to $1521.00
1‐5 years
Substantial increase or policy termination
Installed |
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• Refusal to submit to chemical testing
• Blood alcohol level of .15% or higher
• Accident causing injury to passenger or another driver*
• Accident causing death to another (Felony)
• 30 mph over speed limit on freeway or 20 mph on roads |
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Probation violations due to prior DUI convictions
• Child under 14 years old in vehicle
• DUI with prior DUI convictions within the last 10 years |
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