San Diego DUI Lawyer: Recent DUI Case Victories

DUI Case Not GuiltyDUI Case Victories- Beat a California DUI

With more than 30 years of experience, top San Diego DUI Attorney Rick Mueller has successfully defended all types of DMV and DUI cases under California Vehicle Code Section 23152 (a) and (b).  This is a brief list of just a few of Rick’s recent DUI case victories.

DUI Case Facts:  Early in the morning in an unfamiliar location, Mr. Smith unknowingly entered a lane leading to a military checkpoint.  When asked where he was going, Mr. Smith explained that he made a wrong turn and was just trying to get home.  Military police claimed that Mr. Smith smelled like alcohol and exhibited signs of impairment-slurred and repetitive speech, glossy eyes, and confusion- so they asked him to step out of his car.  During questioning, Mr. Smith admitted to drinking a six pack of beer the night before. Breath test results revealed a .12% and he was charged with a DUI.

DUI Case Result: Reckless driving plea deal. Fortunately, Mr. Smith enlisted help from a top San Diego DUI lawyer. NO DUI. NO LICENSE SUSPENSION.

DUI Case Facts:  In an attempt to relax after a long week working construction, Bob and his date went out for drinks.  After a fun night out, Bob was attempting to drive his date back to her home in Pacific Beach when he encountered a DUI checkpoint.  At the officer’s request, Bob rolled down his window as he entered the DUI checkpoint.  The officer immediately smelled a strong alcohol odor and noticed that Bob’s eyes were red, bloodshot, droopy, and dilated.  In response to his slurred speech, physical signs of impairment and the smell of alcohol, the officer asked Bob to step out of the vehicle.  After unsteadily getting out of his vehicle, Bob admitted to the officer that he felt the effects of alcohol.  Bob’s breathalyzer result of .25% was over three times the legal limit, and he was arrested for DUI.

DUI Case Result: DUI case dismissed in exchange for a lesser charge and a reduced fine.

Quick Tip: California DUI checkpoint laws require officers to adhere to strict guidelines and specific protocol. Understanding DUI checkpoint law can help you avoid a DUI.  This helpful infographic outlining DUI checkpoint law is helpful resource to keep on hand.  Be sure to regularly check our San Diego DUI Checkpoint map for a list of upcoming DUI checkpoints.

DUI Case Facts:

Michelle was pulled over for speeding, but her appearance and behavior caused the officer to become suspicious that she was driving under the influence.  After witnessing Michelle’s overly calm demeanor and slurred speech, the officer examined her eyes.  Noting her dilated pupils and pulse, the officer asked her to step out of her vehicle. Michelle admitted to taking one of several of her prescriptions earlier in the day.  Based on her behavior, the physical indications of impairment and her own testimony, she was charged with Under the Influence of a Controlled Substance and DUI/DRUGS

DUI Case Result: San Diego DUI Attorney Rick Mueller succeeded in getting both charges dropped in exchange for a lesser charge and reduced fine.

Quick Tip: Driving under the influence of drugs- even prescription drugs and over the counter medications can result in a DUI.  California DUI laws make it illegal to drive if you are impaired.  To limit your risk, make sure you read the label before taking a medication.  Consult your doctor or pharmacist to see how certain medications interact.  Avoid mixing drugs with alcohol, and always see how a new medication affects you before driving.  In the unfortunate event that you do receive a DUI resulting from drugs (legal or illegal), a knowledgeable DUI lawyer can fight to get the charges reduced or even dismissed.

DUI Case Facts:  A U.S. Military man was charged with a DUI in San Diego County after falling asleep in the number two lane and blocking traffic.  In an attempt to wake him, Military Police shined a spotlight, blew two short bursts from a siren and bull horn, and used a P.A. loud speaker- still no response from the driver.  Breath test results came in at .08% and .09%.

DUI Case Results:  After evaluating the evidence, a top San Diego DUI lawyer discovered an issue regarding the continuous observation period required prior to administering the breath test.  The Department of Defense Police operating out of U.S. Navy base used a 20 minute protocol. California DUI Police commonly adhere to a 15 minute continuous observation period prior to administration.  The purported 20 minute observation period ended minutes before the actual tests thus leaving a question of lapse of continuity or actual observation prior to testing. Intoximeters Inc., breathalyzer manufacturer, requires continuous observation until the subject blows into the device.  As a result: DUI case dismissed.

DUI Case Facts:  John got pulled over for speeding and expired registration.  Noticing his bloodshot, watery eyes and the smell of alcohol and marijuana, the officer suspected John was driving under the influence. After failing the roadside tests, John refused to do a blood or breath test.  A telephonic warrant to draw blood came back with a .06%BAC.  Unfortunately, this was John’s 2nd offense DUI.

DUI Case Result: Facing a 2 year revocation of his license and hefty fines, John hired a top San Diego DUI attorney who was able to get the DUI case dismissed in exchange for a lesser charge and reduced fine.

Quick Tip: Without an accurate method to test marijuana impairment at a specific time, an experienced and skilled California DUI attorney may be able to get your Marijuana DUI charges reduced or even dismissed. Law enforcement predicts the recent legalization of recreational pot will lead to an increase in marijuana DUIs- be prepared and know the facts to avoid a marijuana DUI.

DUI Case Facts: While visiting California, Peter got into a single vehicle accident.  The arresting officer noted Peter’s bloodshot, droopy eyes and the smell of alcohol. Peter adamantly denied drinking and took a breathalyzer. He blew .20% twice. Peter refused a blood test requiring the officer to get a telephonic warrant resulting in a .20% BAC. California DUI law requires anyone with a DUI conviction of .20% or more to attend a 9 month in state DUI alcohol program (no online option). Failure to do so will result in the indefinite suspension of your driver’s license, which will be upheld by the state you live in until the requirement is satisfied.

DUI Case Result: San Diego DUI Lawyer Rick Mueller successfully convinced the prosecuting DUI attorney to stipulate to a .19% BAC.  Peter was able to complete a DUI program in his home state that satisfied the court requirement and the California DMV requirement.

If you’re facing DUI charges, contact San Diego DUI Specialist right away, or simply fill out this free DUI case evaluation. With countless DUI case victories, Rick has the skills and experience to handle any DUI or DMV case.