San Diego DUI Law Center

San Diego DUI Police use the Intoxilyzer 8000. This machine is under pressure in other states such as Arizona.

May 19, 2008

An astute judge in Tucson has suppressed and thrown out alcohol breath tests in 49 DUI cases. A superb defense attorney says the ruling could have widespread implications.

City Court Judge Thomas Berning’s ruling says the breath tests are inadmissible because the company that makes the machine hasn’t made its inner workings available to the defense.

James Nesci, one of the top criminal defense attorneys involved in the drunk driving / dui cases, says there are 50 to 70 pending cases before other judges that were waiting for Berning’s ruling.

The ruling doesn’t dismiss the cases entirely, just the breath tests. But we all know that is the crux of the DUI prosecuting attorney’s case.

The ruling also could potentially affect every alcohol breath test conducted in the state since Dec. 1, 2006 because that is when Arizona adopted the Intoxilizer 8000 machine made by CMI, the manufacturer of this questionable breath test machine.

The Deputy City Attorney’s Office says DUI prosecutors will appeal the DUI suppression decision within 14 days.

What you must do within 10 days of being arrested for a San Diego DUI

10. If you need to save your driver’s license or privileges, your attorney has only ten (10) calendar days to contact DMV!

Do not schedule yourself. If you contact DMV to schedule a date conflicting with your attorney’s calendar, DMV will not reschedule and you may not get the attorney of your choice. There is no rush as long as your attorney contacts DMV by the 10th day from your arrest.

9. The ten (10) day time limit is computed from the Issue date of the SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE. If time is running out or you are late, contact an attorney ASAP.


7. Even if you did not receive this DMV paper, the California DMV will probably take action against your driving privileges.

6. Even if you have a license from another state, and even if the officer did not take your license, that state may also take action against your driving privileges.

5. This TEMPORARY DRIVER LICENSE ENDORSEMENT is valid for only thirty (30) days from the issue date.

If a DMV hearing is requested within ten (10) days, your DMV TEMPORARY will be extended & there will be a stay (delay) of any suspension until the outcome of your DMV hearing is determined.

4. Do not confuse this initial 30 day TEMPORARY DRIVER LICENSE with your court date!

The DMV and criminal proceedings are separate and independent. The outcome of one almost never affects the other. Sometimes the officer or the DMV paper confuses or misleads you to believe that the TEMPORARY DRIVER LICENSE is good “until the court date”. If there are approximately thirty (30) days from your arrest date to your court date, this may just be a dangerous coincidence. There usually are months before your DMV hearing takes place.

3. There are three (3) issues at the hearing if you completed a chemical test. (See reverse side of DMV paper.)

Issues are whether the officer had probable cause to stop or contact you or whether the chemical test evidence is beatable.

2. The DMV has the burden of proof to prevail on all three (3) issues. If DMV meets the burden of proof on two (2) issues, you win!

1. All a DMV attorney has to do is knock out one (1) DMV issue to save your license & you avoid any reissue fee and/or Proof of Insurance SR-22 filing!

Click on below sites to contact San Diego DUI Lawyer:

San Diego DUI Lawyer


San Diego DUI


California DUI Attorney


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