San Diego DUI Law Center

Victories for San Diego DUI

Victories for San Diego DUI Criminal Defense Attorney Rick Mueller:

San Diego DUI Attorney Rick Mueller recently successfully avoided both DUI and Driving with .08% BAC (or more) convictions under California Vehicle Code Section 23152 (a) and (b), as part of the following partial list of victories in San Diego county DUI / drunk driving cases:

  • Young person makes a left turn where signs in Pacific Beach are posted:  “RIGHT TURN ONLY.”  The San Diego Police Department officer observed red/bloodshot and droopy eyes, lax face, slurred speech, odor of alcohol, unsteady gait, nystagmus, and failure to perform four (4) San Diego DUI field sobriety tests as demonstrated.  Person blows a .11% BAC Roadside Preliminary Alcohol Screening (PAS) test result while in the post-absorptive phase & then .09% at the San Diego police station.  While at first blush it may not seem like a very high BAC, a “rising blood alcohol” defense (often used by San Diego DUI criminal defense lawyers) was not available, i.e. we could not plausibly contend the person’s true BAC was less than .08% at the earlier time of driving.  The San Diego DUI Prosecutor’s case was further based on a theory of “retrograde extrapolation” and that the person’s BAC was even higher at the time of driving than it was later at the respective times of the subsequent tests (so even if the person had blown less than .08% after the driving, the San Diego DUI Prosecutor could bring charges).
  • Concerned citizen saw parked Driver slumped over wheel in restaurant parking lot after running errands.  No one other than Driver in vehicle.  Driver got out of the vehicle, fell onto pavement landing on head and temporarily loses consciousness.  Fire Captain detects odor of alcoholic beverage.  Taken to hospital.  San Diego county DUI cop finds open bottle of vodka in the front console; cap off in front seat.  Driver had a very bad day, overwhelmed over terrible, adverse health news about a parent and distraught concerning marriage problems.  Blood drawn and tested by San Diego County Sheriff’s Department Crime Laboratory = .30% BAC, almost 4 times the legal DUI limit.
  • San Diego county DUI officer sees Driver cross over 2 sets of double yellow parallel lines then veer in a serpentine pattern.  Droopy eyelids, bloodshot/watery eyes, dilated pupils, odor of alcohol and belligerent & angry behavior noticed.  Fails 5 San Diego DUI field sobriety tests but declines to blow in roadside breath test gadget.  Blood test positive for Amphetamine and Methylenedioxymethamphetamine and combination of alcohol. (California Vehicle Code section 23152(a) prohibits DUID – driving under the influence of alcohol and/or drugs.) Also dropped was under influence of controlled substance charge per Health & Safety Code section 11550 which otherwise carries mandatory minimum 90 days in San Diego county jail.

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