San Diego DUI Law Center

Victories for San Diego DUI: New Victories

Victories for San Diego DUI Criminal Defense Attorney Rick Mueller:

California Highway Patrol stops speeder for going 107 MPH.  Watery eyes.  Odor of IPA beer. Told cop “just a beer.”  Flunked difficult FST’s on a well-lit, flat parking lot: Estimated 30 seconds as 20 seconds; repeated numbers; failed to complete numbers; stepped and turned improperly. Blew .113% and .110% on hand-held PAS (Preliminary Alcohol Screening) breath test outside.  Later blew .086% and .083% at CHP office before being taken to jail for DUI arrest.  DUI and Vehicle Code 23582 Excessive Speed enhancement which triggers 60 days consecutive jail both dropped in exchange for reduction of charges to wet reckless driving.

Under 21 San Diego student, smokes marijuana, drives his car and hits large structure, totaling vehicle. No injuries. Odor of Marijuana in vehicle.  Admits smoking MJ.  Does pen test; stand with head tilted back/eyes closed/feet together;  stand on 1 foot; walks straight line.  Charged with DUI – Marijuana.  Blood test over 60 minutes later.  Client does everything I ask and provides proof of things he did.  DMV overturns suspension for negligent driving and causing collision due to DUI – Marijuana.  Lawyer appears at court date in notice.  DUI criminal charge dropped.

After seven drinks, client with high security clears unlawfully drives truck into a San Diego checkpoint.  Police who see his bloodshot, watery eyes; slow responses; poor performance of a series of behind-the-wheel screenings indicating intoxication; exited vehicle to perform Standard Field Sobriety Tests further indicating intoxication.  Blows in PAS test positively showing intoxication. Probable cause to arrest for DUI.  Told of implied consent requirement; chose blood test. Test not done properly.  No suspension of driver’s license.  Attorney appears in court. DUI dismissed.

CHP sees sports car changing 2 lanes at a time, catches up, paces, and determines speed to be 105 MPH. Instead of exiting freeway, driver continues before eventually stopping. San Diego DUI cop sees red, watery eyes and smells alcoholic beverage, Mexican beer.  Driver hands expired license, had a “couple beers.”  Eyes checked.  On One leg stand, lost balance and set food down after 3 number counts. Test redo, loses balance again.  Estimated 30 seconds at 15 seconds.  Unable to keep heel to toe contact on a number of steps.  Blows in PAS:  .117% and .115%. Taken to CHP office.  Blows .091% twice. Both DUI and Vehicle Code 23582 Excessive Speed enhancement – which triggers 60 days consecutive jail – dropped in exchange for reduction of charges to reckless driving, alcohol related.

Whiskey drinking music lover from out-of-state stopped on road.  Upon approaching car, DUI cop detects strong odor from breath and person; also notices slurred speech, disorientation, blood shot eyes.  Volunteers to do field tests showing double-digit validated cues.   Blows slightly under .08% legal limit; cop arrests for DUI.  No suspension of driving privilege.  Attorney appears in court. DUI dismissed.

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