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Doesn’t the test mean I’m guilty?

James Dunn, San Mateo DUI Attorney — Wed, 04 Apr 2012 16:06:41 +0000

The chemical tests for blood or breath alcohol levels are fraught with problems. Many people clearly have had only one or two drinks, yet their “test” shows an alcohol level well above .08. The technical and scientific issues with chemical testing make DUI cases some of the most interesting and challenging cases in the law. Whenever machines purport to tell you what was going on in a person’s body at some time prior to the time of the test, the risks of error multiply.

Generally, there are two categories of error: First, issues with the machine, and second, issues with human biology. To take breath testing as an example, while there are many potential problems on the machine side–from design flaws to maintenance issues–the most glaring problem is this: human bodies are all different, short/tall, big/small, male/female, but the machine doesn’t make adjustments. The same set of bioengineering assumptions are imposed on every test. I have worked with some of the best experts in the country to understand the strengths and weaknesses of each test. And if I’ve learned one thing it is this: every case is different, and each one turns on the details of its own facts.

So to answer the question: No, the test does not mean you’re guilty; it may turn out to be the strongest piece of evidence for the defense!

Do I have to appear in court?

James Dunn, San Mateo DUI Attorney — Thu, 15 Mar 2012 16:05:32 +0000

If your case is filed as a misdemeanor, then your attorney can appear for you, and you don’t have to take time off from work. Generally, on misdemeanors, clients don’t go to court unless we have an evidentiary motion or take the case to jury trial. Technically, an attorney can even do a trial without the client being present, however, as you can imagine, that’s not a great idea.

If your case is filed as a felony, however, then you must be in court for every docketed appearance.

How do I save my license?

James Dunn, San Mateo DUI Attorney — Tue, 28 Feb 2012 16:02:34 +0000

The first thing you must do is secure a DMV hearing date. You only have ten calendar days from your arrest to request a hearing. It is best to have your attorney set up the hearing for you. Not only does the attorney need to schedule their time, but expert witnesses may also be needed to give you the best defense.